UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LBRARY 


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in  2008  with  funding  from 

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http://www.archive.org/details/1897code00wash 


Code  of  Public  Instruction 


OF  THE 


State  of  Washington, 


APPENDIX, 


PUBLISHED   BY  AUTHORITY. 


1897 


OLYMPIA,  WASH. 

O.  C.  WHITE,       .      .      .      STATE   PRINTER. 

1897. 


5 


',-    -  i  S  -  (r  C 

;.  :-v  ,1 


^ 


INTRODUCTION. 


4^  The  school  laws  set  forth  one  of  the  duties  of  the  superintendent 
of  public  instruction  as  follows:  ''''Sixths  To  cause  to  be  printed, 
with  an  appendix  of  appropriate  forms  and  instructions  for  carrying 
into  execution  the  laws  relating  to  public  schools,  and  to  distribute 
to  each  county  superintendent  a  sufficient  number  of  copies  to  supply 
each  district  officer,  and  to  cause  the  same  to  be  printed  and  dis- 
tributed as  often  as  any  change  in  the  laws  makes  it  of  sufficient 
importance,  in  his  opinion,  to  justify  the  same.'' 

Frank  J.  Browne, 
Superintendent  of  Public  Tnsti'uction. 


OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 


TITLE  I— TERRITORIAL  DIVISIONS. 

Chapter  1. — The  State. 

Section  1.   System  to  consist  of. 

Chapter  2. —  The  County. 
Section  2.   Supervision. 

Chapter  3. — The  District. 
Section  3.   Term  defined. 
Section  4.   Form  of  organization. 
Section  5.   Altering  boundaries. 
Section  6.   Limited  to  four  sections  or  more. 
Section  7.   May  purchase  school  house  site. 
Section  8.   Preference  right  to  purchase. 

Chapter  4. — Joint  and  Union  Districts. 

Article  I. —  Union  Schools. 

Section  9.   Form  of  organization. 

Section  10.   Powers  of  ofiicers. 

Section  11.    Determine  grades  and  pay  expenses. 

Article  II. — Consolidated  Districts. 
Section  12.    Officers  and  number. 
Section  13.   Division  of  funds. 
Section  14.   Retain  corporate  existence. 
Section  15.   Organization  of  board. 

Article  III. — Joint  Districts. 
Section  16.   When  formed. 
Section  17.   How  organized. 
Section  18.    Reports  from  and  apportionment  to. 

TITLE  II.— POWERS  AND  DUTIES  OF  OFFICERS. 

Chapter  1. —  Administrative  Officers. 
Section  19.   Officers  named. 

Chapter  2. —  Superintendent  of  Public  Instruction. 
Section  20.   Election. 
Section  21.    Salary. 
Section  22.   Powers  and  duties. 
Section  23.   Clerical  assistance. 


6  OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 

TITLE  II  —  Continued : 

Chapter  3. —  State  Board  of  P^ducation. 
Section  24.   Appointment. 
Section  25.    Meetings  and  expenses. 
Section  2(5.   Vacancies. 
Section  27.   Powers  and  duties. 

Ciiaptek  4. —  Board  of  Higher  Education. 
Section  28.   Consists  of  whom. 
Section  29.    Duties. 

Chapter  5.— Codntv  Superintendent  of  Common  Schools. 
Section  30.  Election,  deputy  and  vacancies. 
Section  31.  Eligibility- 
Section  32.  Eligibility  —  official  ballot. 
Section  33.  Powers  and  duties. 
Section  34.  Require  and  file  reports. 
Section  35.  Office  days. 
Section  36.  Appeals. 

Section  37.  County  commissioners  furnish  stationery. 

Section  38.  Mileage  expenses. 

Chapter  6. —  School  District  Directors. 

Section  89.  Election  and  qualification. 

Section  40.  Powers  and  duties. 

Section  41.  Liability  for  district  debts. 

Section  42.  Charge  tuition. 

Section  43.  Make  by-laws  —  regular  meetings. 

Section  44.  Transact  business  for  the  district. 

Section  45.  Have  no  pecuniary  interest  in. 

Section  46.  Limit  of  district  indebtedness. 

Section  47.  Appeals. 

Chapter  7. —  District  Clerk. 

Section  48.   Election,  qualification  and  appointment. 

Section  49.   Powers  and  duties. 

Section  50.    Compensation. 
Chapter  8. —  Teachers. 

Section  51.    Qualification. 

Section  52.    Make  reports. 

Section  53.   Properly  keep  the  school  register. 

Section  54.   Enforce  the  course  of  study  and  rules  of  board. 

Section  55.   Employment  on  written  order. 

Section  56.   Not  teach  on  holidays,  etc. 

Section  57.   Power  to  control  and  suspend. 

Section  58.   To  teach  the  virtues. 
Chapter  9. — County  Treasurer. 

Section  59.   Powers  and  duties. 
Chapter  10. — General  Provisions  Relating  to  Officers. 

Section  60.   Deliver  books  and  papers  to  successor. 

Section  61.   Take  an  oath. 

Section  62.   File  signature. 

Section  63.    Recognizing  former  officers. 


OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 


TITLE  III.— THE  COMMON  SCHOOL  SYSTEM. 


Chapter  1 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 

Chapter  2. 
Section 
Section 
Section 

Chapter  3. 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 


—  District  Schools. 

64.  Definition. 

65.  Subjects  taugiit. 


66.  School  day  and  month. 

67.  School  year. 

68.  Contagious  diseases. 

69.  Pupils  must  comply  with  rules. 

70.  Length  of  term. 

71.  Compulsory  attendance. 

—  Graded  and  High  Schools. 
73.   Cities  are  one  district. 

73.  Select  a  principal. 

74.  Select  a  superintendent  for  city  schools. 

—  Cities  of  Ten  Thousand  or  More  Inhabitants. 

75.  Organization. 
Constitution  of  board  of  directors. 
Election. 

Electors  and  registration  of  voters. 
Declare  result  of  election. 
Qualification  of  directors. 
Elections  by  viva  voce  vote. 
Duty  of  president  of  board. 
Duty  of  vice  president  of  board. 
Duty  of  secretary  of  board. 

85.  Secretary  to  give  bonds. 

86.  Regular  meetings  of  board. 

87.  Maintain  an  ofl&ce. 

88.  County  treasurer  ex  officio  treasurer. 
Board  to  fill  vacancies  in  their  number. 
Quorum. 
Auditing. 

Powers  and  duties  of  the  board. 
Annual  census. 

Directors  no  intei'est  in  contracts. 
Power  to  sell  property  limited. 
Advertise  for  bids. 
Annual  school  levy,  how  made. 
Limit  of  tax  levy. 


r6. 


89. 
90. 
91. 
93. 
93. 
94. 
95. 
96. 
97. 
98. 


Chapter  4. —  County  Institutes. 

Section    99.  When  must  be  held. 

Section  100.  When  may  be  held. 

Section  101.  Length  of  session. 

Section  102.  When  teachers  are  teaching  during  session. 

Section  103.  Institute  fund  created. 

Section  104.  Expenses  allowed  by  commissioners. 

Chapter  5.— Text  Books. 
Article  I. — Adoption  of  Books. 
Section  105.    How  adopted. 


8  OUTLINE   OF  PUBLIC  SCHOOL  SYSTEM. 

TITLE  III  —  Chaptek  5 — Continued: 
Article  II. — Free  Text  Books. 

Section  106.   Vote  required  at  tirst  election. 

Section  107.    Vote  may  be  had. 

Section  108.    Board  shall,  upon  vote,  furnish  books. 
Chapter  6. —  School  Revenues. 

Section  109.    Principal  of  the  common  school  fund. 

Section  110.    Income  from  permanent  fund. 

Section  111.    State  annual  school  levy. 

Section  112.    Special  levy. 

Section  113.    Fines,  penalties  and  forfeitures. 

Section  114.    Warrants  paid  in  order. 

Section  115.   New  district  entitled  to  money. 

Section  116.   How  apportioned  to  new  district. 
Chapter  7. —  Bonds. 

Section  117.   Authorized. 

Section  118.   Election  to  vote. 

Section  119.    Shall  advertise  sale. 

Section  120.    Board  to  sell  to  highest  bidder. 

Section  121.    County  commissioners  to  levy  interest. 

Section  122.   Count}'  treasurer  to  pay  interest  from  interest  fund. 

Section  123.    Board  to  furnish  lithographed  bonds. 

Section  124.    Board  may  refund. 

Section  125.    Holder  to  notify  the  treasurer. 

Section  126.   Incidental  expenses. 

Section  127.    Method  of  redemption. 
Chapter  8. —  Validation  of  Debts. 

Section  128.   Authorization. 

Section  129.    Board  adopts  a  resolution  to  validate. 

Section  130.    Determine  time  and  place  for  election. 

Section  131.    Call  an  election  of  district. 

Section  132.    May  issue  bonds. 

Section  133.    Shall  advertise  for  sale. 

Section  134.   Holders  of  warrants  may  exchange  for  bonds. 

Section  135.    Notice  of  election  to  the  treasurer. 
Chapter  9. — Certification  of  Teachers. 
Article  I. 

Section  136.    Validation  of  outstanding  certificates. 

Section  137.   Classification  of  certificates. 
Article  II. 

Section  138.    Life  diplomas  and  state  certificates  on  examination. 

Section  139.   State  certificates  without  examination. 

Article  III. 

Section  140.  Examination  before  county  superintendent. 

Section  141.  Subjects  of  examination. 

Section  142.  Examination  fee. 

Section  143.  County  superintendents  forward  papers. 

Section  144.  First  grades  renewable. 

Section  145.  Second  examination  possible  when. 

Section  146.  Temporary  certificates. 


OUTLINE  OF  PUBLIC  SCHOOL  SYSTEM. 


TITLE  III  —  Chapter  9  —  Continued : 
Article  IV. —  General  Provisions. 

Section  147.    Registration  of  certificates. 
Section  148.   Certificates  may  be  revoked. 

Chapter  10. — Elections  and  Meetings. 
Article  I. —  General  Elections. 
Section  149.    Date  of  annual  election. 
Section  150.   Notice  of  time  and  place. 
Section  lot.    Form  of  election. 
Section  152.   Ballots  and  challenges. 
Section  153.    Qualification  of  electors. 
Section  154.    Declaring  result  of  election. 
Section  155.   Certificates  of  election  and  tie  votes. 
Article  II. —  Special  Elections. 
Section  156.   To  determine  what. 
Section  157.   How  held. 
Section  158.   Directors  shall  carry  out  the  vote. 

Chapter  11.—  Penalties. 

Section  159.  State  board  of  education. 

Section  160.  County  superintendent  of  schools. 

Section  161.  Failure  to  account  for  school  money. 

Section  162.  Failure  to  teach  hygiene. 

Section  163.  County  superintendent's  failure  to  enforce  teaching  hy- 
giene. 

Section  164.  District  clerk. 

Section  165.  Failure  to  deliver  to  successor. 

Section  166.  Teacher's  failure  to  enforce  course  of  study. 

Section  167.  Abuse  of  pupils. 

Section  168.  Failure  to  attend  institute. 

Section  169.  Abuse  of  teacher. 

Section  170.  Disturbing  a  school. 

Section  171.  Failure  to  send  children  to  school. 

Section  172.  Defacing  property. 

Section  178.  Vivisection. 

Section  174.  Failure  to  use  authorized  text  books. 

Section  175.  Failure  to  maintain  school  legal  time. 

Chapter  12. —  General  Provisions. 

Section  176.  "He"  or  "his." 

Section  177.  Superior  judge  enforce  compulsory  law. 

Section  178.  Against  vivisection. 

Section  179.  Against  dissection. 

Section  180.  Shall  procure  and  display  Hag. 

Section  181.  Kindergarten  schools. 

TITLE  IV.— HIGHER  AND  SPECIAL  INSTITUTIONS. 
Chapter  1. — University  ok  Washington. 

A  rticle  I. — A  dm  inistrution . 
Section  182.    Location  and  nanie. 
Section  183.    Aim  and  purpose. 


10  OUTLINE   OF   PUBLIC  SCHOOL  SYSTEM. 

TITIjE  IV  —  Chai'TEK  1  —  Article  I — GonUnued: 
Section  184.    Government. 

Section  185.   Organization  of  board  of  regents. 
Section  18(5.    Powers  of  board  of  regents. 
Section  187.   The  faculty. 
Section  188.   Non-sectarian. 
Section  189.   Attorney  general  the  legal  adviser 
Chapter  3. — Agricultural  College. 
Section  190.   Organization. 
Section  191.    Ex  officio  visitors. 
Section  192.   Courses  of  instruction. 
Section  198.    Departments. 

Section  194.   Board  of  regents  and  their  powers. 
Section  195.   Officers  and  their  bonds. 
Section  196.    Duties  of  officers. 
Section  197.   Adoption  of  by-laws. 
Section  198.    Management  of  funds. 
Section  199.   Experiment  station. 
Section  300.   Congressional  requirements. 
Section  301.    Meeting  of  board  of  regents. 
Section  303.    Oaths  of  regents. 
Section  303.    Expenses  of  board  of  regents. 
Section  304.    Biennial  report. 
Section  205.    Disbursements  by  the  treasurer. 
Section  206.   Employes  shall  have  no  interest  in  contracts. 
Section  307.   Governor  ex  officio  member  of  board. 
Section  308.   Power  to  grant  degrees. 
Section  309.   Power  to  erect  buildings. 
Section  310.    Power  to  employ  architects. 
Section  311.    Current  expenses. 
Chapler  3. —  Normal  Schools. 

Section  312.   Establishment  of  normal  schools. 
Section  313.   Appointment  of  trustees. 
Section  314.    Election  of  officers  — by-laws. 
Section  215.    Powers  of  board. 
Section  216.    Boarding  houses. 
Section  317.    Meetings  of  board. 
Section  318.    Duties  of  principal. 
Section  319.   Training  school. 
Section  330.    Diplomas  and  certificates. 
Section  221.   Tuition  expenses. 
Section  222.   Courses  of  study. 
Section  233.   Text  books. 
Section  224.    Age  for  admission. 
Section  225.    Annual  meeting  of  principals. 
Section  226.   Biennial  report. 

Section  227.   Trustees  shall  have  no  interest  in  contracts. 
Chapter  4.— School  for  Defective  Youth. 
Section  228.    Establishment. 
Section  339.    Who  admitted. 
Section  330.   Management. 


OUTLINE  OF   PUBLIC  SCHOOL  SYSTEM. 


11 


TITLE  IV- 

Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect 
Sect: 
Sect 
Sect 
Sect 
Sect 
Sect 


Chapter  4 —  Continued: 

on  231.  Powers  of  the  board. 

on  232.  Appointment  of  board. 

on  233.  Vacancies. 

on  234.  Constitution  of  board. 

on  235.  Otlicial  notice  of  appointment. 

on  236.  Annual  meeting. 

on  237.  Treasurer's  bond. 

on  238.  By-laws. 

on  239.  Special  meetings. 

on  240.  Quorum. 

on  241.  Official  notice  of  meetings. 

on  242.  Meeting  of  executive  committee. 

on  243.  Inspection  by  executive  committee. 

on  244.  Trustees  shall  have  no  interest  in  contracts. 

on  245.  Financial  and  official  year. 

on  246.  School  term. 

on  247.  Biennial  report. 

on  248.  The  director. 

on  249.  Director  responsible  for  property. 

on  250.  Removal  of  director. 

on  251.  Admission  of  non-residents. 

on  252.  School  clerli's  reports. 

on  253.  County  superintendent's  duty. 

on  254.  Compulsory  attendance. 

on  255.  Expenses  of  indigent  pupils. 

on  256.  Penalties. 


TITLE  v.— REPEALING  AND  EMERGENCY  CLAUSES. 

Section  257.   Repealing  school  laws. 
Section  258.   Emergency  declared. 


CODE  OF  PUBLIC  INSTRUCTION. 


An  Act  to  establish  a  general,  uniform  system  of  public  schools  in 
the  State  of  Washington,  and  repealing  chapter  vi  of  title  iii, 
chapter  vii  of  title  v,  all  of  title  x  except  chapter  xvii,  chapter 
IV  of  title  L,  all  being  of  volume  i  of  Hill's  Annotated  Statutes 
and  Codes  of  Washington;  also  repealing  all  amendments  thereto: 
also  repealing  an  act  entitled  "An  act  concerning  the  forma- 
tion of  new  school  districts,  changing  the  boundaries  and  trans- 
ferring territory  from  one  district  to  another,"  approved  March 
9,  1893;  also  repealing  an  act  entitled  "An  act  to  provide  for  the 
management  and  control  of  state  normal  schools  in  the  State  of 
Washington,"  approved  March  10,  1893,  and  all  amendments 
thereto;  also  repealing  an  act  entitled  "An  act  granting  to 
school  districts  the  right  to  purchase  school  house  sites  of  school 
lands  belonging  to  the  State  of  Washington  of  not  less  than  one 
acre  and  not  more  that  five  acres,  and  granting  to  school  dis- 
tricts the  preference  right  to  purchase  such  sites,  and  declaring 
an  emergency,"  approved  February  2G,  1895;  also  repealing  an 
act  entitled  "An  act  relating  to  the  indebtedness  of  school 
districts,  providing  means  and  methods  for  paying  and  funding 
the  same,  and  means  for  validating  the  same  or  any  part  thereof 
incurred  in  excess  of  one  and  one-half  per  centum  of  the  taxable 
property  of  the  school  district  without  the  assent  of  three-fifths 
of  the  voters  of  the  school  district  voting  at  an  election  held  for 
that  purpose,  and  declaring  that  an  emergency  exists  for  the 
taking  effect  of  this  act  on  its  passage  and  approval  by  the  gov- 
ernor," approved  March  1,  1895;  also  repealing  an  act  entitled 
"An  act  to  provide  for  the  formation  of  joint  school  districts, 
and  to  prescribe  the  minimum  number  of  school  children  re- 
quired for  the  formation  of  new  school  districts,  and  declaring 
an  emergency,"  approved  March  13,  1885. 

£e  it  enacted  by  the  Legislature  of  the  State  of  Washington : 

TITLE   I— DIVISIONS   OF   TERRITORY. 

Chapter  1.— The  State. 
Section  1.   A  general  and  uniform  system  of  public  schools  state  system 

o  •'  '  of  schools. 

shall  be  maintained  throughout  the  State  of  Washington,  and 
shall  consist  of  common  schools  (in  which  all  high  schools 
shall  be  included),  normal  schools,  technical  schools,  univer- 
sity of  Washington,  school  for  defective  youth  and  such  other 
educational  institutions  as  may  be  established  and  maintained 
by  public  expense. 


u 


CODE  OF   PUBLIC  INSTRUCTION. 


School  district 
defined. 


Organization 
of  new  district. 


Notice  of 
meeting. 


Appeal  to 
county  com- 
mis.sioners. 


Chapter  '2. — The  County. 

Sec.  2.  For  purposes  of  supervision  and  administration 
each  county  in  the  state  shall  constitute  one  county  district. 

Chapter  3.— The  District. 

Sec.  3.  The  term  "school  district,"  as  used  in  this  act  is 
declared  to  mean  the  territory  under  the  jurisdiction  of  a 
single  school  board  designated  as  "board  of  directors,"  and 
shall  be  organized  in  form  and  manner  as  hereinafter  pro- 
vided, and  shall  be  known  as  district  No , county: 

Provided,  That  all  school  districts  now  existing,  as  shown  by 
the  records  of  the  county  superintendents,  are  hereby  recog- 
nized as  legally  organized  districts. 

Sec.  4.  For  the  purpose  of  organizing  a  new  district,  a  pe- 
tition in  writing  shall  be  made  to  the  county  superintendent, 
signed  by  at  least  five  heads  of  families  residing  within  the 
boundaries  of  the  proposed  new  district,  which  petition  shall 
describe  the  boundaries  of  the  proposed  new  district  and  give 
the  names  of  all  the  children  of  school  age  residing  within 
the  boundaries  of  such  proposed  new  district  at  the  date  of 
presenting  said  petition.  The  county  superintendent  shall 
give  notice  to  the  parties  interested  by  causing  notices  to  be 
posted  at  least  twenty  (20)  days  prior  to  the  time  appointed 
by  him  for  considering  said  petition,  in  at  least  three  of  the 
most  public  places  in  the  proposed  new  district,  and  one  on 
the  school  house  door  of  each  district  affected  by  the  pro- 
posed change,  or  if  there  be  no  school  house,  then  in  one  of 
the  most  public  places  of  said  old  district,  and  shall,  on  the 
day  fixed  in  the  notice,  proceed  to  hear  said  petition,  and  if 
he  deem  it  advisable  to  grant  the  petition  he  shall  make  an 
order  establishing  said  district  and  describing  the  boundaries 
thereof,  and  shall  certify  his  action  to  the  board  of  county 
commissioners  at  their  next  regular  meeting:  Provided,  That 
when  in  the  formation  or  alteration  of  any  school  district,  or 
in  the  refusal  of  a  county  superintendent  to  form  or  alter  a 
school  district  as  prayed  for,  if  any  person  affected  by  such 
formation  or  alteration,  or  by  such  refusal  to  form  or  alter  a 
school  district  as  prayed  for,  shall  feel  aggrieved  by  the 
action  of  the  county  superintendent,  he  may  appeal  to  the 
board  of  county  commissioners  of  his  county.  Said  appeal 
shall  be  filed  with  the  clerk  of  the  board  of  county  commis- 
sioners within  twenty  days  after  the  action  complained  of, 
and   shall   state   in  a  clear  and   concise  manner  the  matters 


CODE  OF  PUBLIC   INSTRUCTION.  15 

complained  of,  which  statement  shall  be  verified  by  the  affi- 
davit of  the  appellant  or  appellants.  Copies  of  the  notice  of 
appeal  shall  be  filed  with  the  county  superintendent  and  with 
the  clerk  of  each  school  district  affected  by  the  appeal,  at  the 
time  of  filing  said  notice  with  the  clerk  of  the  board  of  county 
commissioners.  The  county  commissioners  shall,  at  their  Hearing  of 
next  regular  meeting,  appoint  a  time  and  place  when  such 
appeal  shall  be  heard.  At  such  appointed  time  and  place 
they  shall  hear  and  determine  said  appeal,  and  shall  have 
power  to  summon  witnesses,  and  their  action  shall  be  final. 

Sec.  5.   For  the  purpose  of  transferrins  territory  from  one  changing 

'        ^  .  boundaries. 

district  to  another,  or  enlarging  the  boundaries  of  any  school 
district,  a  petition  in  writing  shall  be  presented  to  the  county 
superintendent,  signed  by  a  majority  of  heads  of  families  re- 
siding in  the  territory  which  it  is  proposed  to  transfer  or  in- 
clude, which  petition  shall  describe  the  change  which  it  is 
proposed  to  have  made.  It  shall  also  state  the  reason  for  de- 
siring said  change,  and  the  number  of  children  of  school  age 
residing  in  the  territory  to  be  transferred.  The  county  su-  -^^^"^^^^^ 
perintendent  shall  file  said  petition  in  his  office,  and  shall  give 
notice  to  parties  interested  by  causing  to  be  posted  notices  at 
least  twenty  days  prior  to  the  time  appointed  by  him  for  con- 
sidering said  petition,  one  of  which  shall  be  in  a  public  place 
in  the  territory  which  it  is  proposed  to  be  annexed  or  trans- 
ferred, and  one  on  the  door  of  the  school  house  in  each  dis- 
trict affected  by  the  change,  or  if  there  be  no  school  house  in 
such  district,  then  in  some  public  place  in  such  district  or 
districts;  and  at  the  time  stated  in  said  notices  he  shall  pro- 
ceed to  hear  said  petition,  and  if  he  deem  it  advisable  he  shall 
grant  the  same  and  make  an  order  fixing  the  boundaries  of 
the  districts  affected  by  his  action,  and  shall  certify  his  action 
to  the  board  of  county  commissioners  at  their  next  regular 
meeting:  Provided,  That  an  appeal  may  be  taken,  as  provided  Appeal, 
for  in  section  four  of  this  chapter. 

Sec.  G.    In  forming  new  districts,  or  transferring  territory  Not  less  than 

.  .  - .       four  sections. 

from  one  district  to  another,  or  changing  boundaries  ot  dis- 
tricts, no  school  district  shall  contain  less  than  four  sections 
of  land,  unless  said  district  can  support  six  months'  school 
per  year  after  such  change  of  territory. 

Sec.  7.   That  anv  school  district  may  i)urchase,  under  the  school  house 
provisions  of  law  governing  the  sale  thereof,  a  school  house 
site  or  sites  of  not  less   than  one  acre  nor  more  than   five 
acres  each,  of  any  school  lands  of  the  State  of  Washington. 


16  CODE  OF   PUBLIC  INSTRUCTION. 

Prefert'iKv  g^c^  ;^_   That  in  all  cases  when  a  school  house  is  or  may  be 

right  to  J 

piiroimse.  erected  upon  any  school  lands  of  this  state  the  school  district 

to  which  such  school  house  belongs  shall  have  the  preference 
right  for  six  months  after  the  filing  of  the  final  appraisal  of 
such  school  lands  not  already  appraised,  to  purchase  school 
house  sites  to  include  the  lands  occupied  by  such  school 
houses,  at  the  appraised  value  thereof. 

Chapter  4. — Joint  and  Union  Districts, 
article  i. — union  schools. 

Organization.  Sec.  9.  Whenever  the  residents  of  two  or  more  school 
districts  may  wish  to  unite  for  the  purpose  of  establishing  a 
union  or  graded  school,  the  clerks  of  said  districts,  by  order 
of  the  boards  of  directors,  shall,  upon  a  written  or  printed 
petition  of  five  or  more  heads  of  families  of  their  respective 
districts,  call  a  meeting  of  the  voters  of  such  districts  at 
some  convenient  place,  by  posting  written  or  printed  notices 
in  like  manner  as  is  provided  for  calling  annual  school  dis- 
trict elections  ;  and  if  a  majority  of  the  voters  of  each  dis- 
trict shall  vote  to  unite  for  the  purpose  herein  stated,  the 
boards  of  directors  of  the  several  districts  so  voting  to  unite 
shall  constitute  the  board  of  directors  of  such  union  district, 

Officers.  and  shall,  within  ten  days  thereafter,  meet  and  organize  by 

electing  one  of  their  number  president  of  the  board,  and 
selecting  a  clerk  for  such  union  district ;  and  the  clerk 
and  president  chosen  at  such  meeting  shall  hold  their  re- 
spective offices  until  the  next  annual  school  district  election 
and  until  their  successors  are  elected  ;  and  the  election  of 
president  and  clerk  shall  occur  annually  thereafter,  on  the 
second  Saturday  next  succeeding  the  annual  school  district 

^  election. 

Powers  of  the        Sec.  10.   The  board  of  directors  and  clerk  provided  for  in 

union  board.  -iii-ii  i-  i 

the  preceding  section  shall,  in  all  matters  relating  to  the 
union  or  graded  schools  of  such  districts,  possess  all  the 
powers,  discharge  all  the  duties  and  be  governed  by  the  laws 
herein  provided  for  school  district  officers,  and  the  clerk  of 
such  union  district  shall,  immediately  upon  his  election,  in- 
form the  county  superintendent  of  the  organization  of  the 
district. 
Course  of  Sec.  11.   The  directors  of  such  union  districts  shall  deter- 

study.  mine  what  grade  or  grades  of  pupils  shall  attend  such  union 

schools,  and  shall  determine  the  course  of  study  that  shall  be 
pursued  in  such  schools:  Provided,  That  such  course  of  study 


CODE  OF  PUBLIC  INSTRUCTION.  17 

shall  not  be  inconsistent  with  the  laws  of  this  state;  and  all  Expenses, 
expenses  of  such  union  schools  shall  be  borne  by  the  districts 
so  uniting  in  proportion  to  the  amount  of  funds  apportioned 
to  each  district  by  the  county  superintendent,  and  the  board 
of  directors  of  each  district  shall  issue  warrants  of  their  dis- 
tricts for  such  amounts. 

ARTICLE   II. —  CONSOLIDATED  DISTRICTS. 

Sec.  12.  When  two  or  more  school  districts  are  consoli-  Organization. 
dated  by  the  provisions  of  this  act,  or  where  two  or  more 
districts  are  consolidated  by  the  uniting  of  two  or  more  in- 
corporated cities  or  towns,  as  provided  by  law,  all  the  direct- 
ors of  the  several  districts  so  consolidated  shall  constitute  the 
board  of  directors  of  the  new  district  so  formed,  and  shall  [jj'^i'j.*""^f^."jg 
have  all  the  powers  and  authority  conferred  by  the  laws  of 
this  state  upon  school  district  officers  until  the  next  annual 
school  election  in  said  district,  at  which  time  there  shall  be 
elected  three  directors  and  one  clerk  for  said  district,  in  the 
manner  provided  by  law,  who  shall  hold  their  respective  offices 
as  provided  for  the  officers  of  new  districts;  and  the  county 
superintendent  of  any  county  in  which  new  districts  are 
formed  by  the  uniting  of  two  or  more  cities  or  towns,  or  by 
the  incorporating  of  any  city  or  town  lying  partly  in  two  or 
more  school  districts,  shall,  upon  being  notided  of  such  ac- 
tion by  the  clerk  or  by  the  board  of  directors  of  such  new 
district,  proceed  to  designate  such  new  district  by  a  number  Number  of 

^  ^  ..        .  .  consolidated 

not  the  same  as  that  of  either  component  district  or  of  any  district, 
existing  district,  and   to  make   a  record  of  the   boundaries 
thereof,  and  he  shall  certify  such  facts  to  the  board  of  county 
commissioners,  to  the  county  treasurer  and  to  the  clerk  of  the 
new  district  thus  formed. 

Sec.  13.   All  school  districts  formed  by  the  uniting  of  two  property  be- 

...  •  ^     n    r  •        j.i   •  j.     longing  to  the 

or  more  city  or  town  districts,  as  provided  tor  in  this  act,  consolidated 
shall  be  entitled  to  the  funds  and  other  public  property  of 
the  other  school  districts  so  united,  and  the  county  superin- 
tendent shall  apportion  all  funds  to  the  new  district  in  accord- 
ance with  this  provision  and  shall  certify  such  apportionment 
to  the  county  treasurer. 

Sec.  14.   Each  school  district  composing  said  consolidated  JiiXiXreLn 
district  shall  retain  its  corporate  existence  so  far  as  and  until  exiiien"ce!°™'^ 
its  indebtedness  has  been  paid  in  full,  and  the  officers  of  said 
new  district  shall  have  the  power  and  it  shall  be  their  duty 
—2 


18 


CODE  OF  PUBLIC  INSTRUCTION. 


OrKatiization 
of  bonrd  of 
directors. 


to  provide  by  appropriate  levies  upon  such  old  district  as  may 
be  necessary  for  the  payment  of  indebtedness:  Provided, 
That  when  such  payment  of  indebtedness  is  fully  made  the 
clerk  of  the  district  shall  enter  the  fact  upon  the  records  of 
the  district  and  report  the  same  to  the  county  superintendent 
of  schools. 

Skc.  15.  When  two  or  more  school  districts  shall  be  united 
by  the  provisions  of  this  act,  the  boards  of  directors  of  the 
several  districts  so  united  shall,  within  thirty  days  thereafter, 
meet  and  organize  the  new  board  by  the  election  of  one  of 
their  number  as  president  of  the  board.  They  shall  also  elect 
a  clerk  for  said  district,  and  the  clerks  of  the  several  districts 
so  united  shall  deliver  to  said  clerk  all  books,  papers  and  rec- 
ords belonging  to  their  respective  offices.  The  clerk  of  the 
new  district  thus  formed  shall  immediately  notify  the  county 
superintendent  of  the  organization  of  the  new  district. 


Organization. 


ARTICLE   III. —  JOINT  DISTRICTS. 

When  formed.  Sec.  16.  When  the  public  good  requires  it,  a  school  district 
may  be  formed  of  contiguous  territory  lying  in  two  or  more 
counties,  and  such  districts  shall  be  known  as  joint  districts. 
They  shall  be  designated  by  a  separate  number  for  each 
county  in  which  any  portion  of  their  territory  may  lie. 

Sec.  IV.  For  the  purposes  of  forming  such  joint  districts, 
a  petition  shall  be  presented,  drawn  and  signed  as  prescribed 
for  the  formation  of  other  school  districts;  but  such  petition 
shall  be  presented  in  duplicate  to  the  superintendent  of  each 
county  affected  by  the  proposed  district,  and  the  superin- 
tendent of  each  such  county  shall  post  notices  of  the  hearing 
of  the  petition  before  him  as  in  the  case  of  petitions  for  other 
districts:  Provided,  That  at  least  one  notice  shall  be  posted 
in  each  county  affected,  such  notice  being  posted  in  a  public 
place  within  the  boundaries  of  the  proposed  joint  district. 
Each  county  superintendent  shall  conduct  his  hearing  within 
his  own  county,  and  the  consent  of  the  superintendents  of  all 
the  counties  affected  shall  be  necessary  to  the  formation  of 
the  district. 

Such  consent  shall  be  certified  in  writing  by  each  superin- 
tendent to  each  of  the  others,  and  when  all  have  consented 
they  shall  jointly  issue  a  call  for  a  special  election  in  such 
joint  district  for  the  purpose  of  selecting  officers  for  said  dis- 
trict. The  call  for  such  election  shall  be  posted  as  in  the  case 
of  other  special  elections,  and  the  officers  elected  shall  qualify 


Election  of 
oflScers. 


CODE  OF  PUBLIC  INSTRUCTION.  19 

within  two  days  after  the  election.  Such  officers  shall  serve 
only  until  the  next  regular  annual  election,  when  a  full  set  of 
officers  shall  be  elected  as  provided  in  the  case  of  other  new 
districts.  Every  director  or  clerk  of  the  joint  district  shall  o*t^°*'°ffl<^e- 
file  his  certificate  of  election  and  oath  of  office  with  the  county 
superintendent  of  each  county  in  which  any  portion  of  his 
district  lies,  and  he  shall  file  his  signature  as  required  by  law 
in  the  office  of  the  county  treasurer  of  each  such  county. 
Vacancies  in  the  office  of  director  or  clerk  of  a  joint  district  Vacancies, 
shall  be  filled  by  appointment  by  the  county  superintendent 
in  whose  county  the  officer  vacating  resided  while  serving, 
and  a  copy  of  such  appointment,  with  the  oath  endorsed 
thereon,  shall  be  filed  in  the  office  of  each  county  superin- 
tendent. 

Sec.  18.   All  reports  from  joint  districts  shall  be  made  in  Reports  from 

•  ^  ft  rr  1  joiut  districts. 

full  to  the  county  superintendent  or  each  county  affected 
thereby:  Provided,  That  any  county  superintendent  may 
order  the  segregation,  of  any  items  of  such  report  so  as  to 
show  separately  the  numbers  or  amounts  from  each  county 
affected  thereby:  And  provided  further,  That  for  the  purpose 
of  the  apportionment  of  state  school  funds  the  district  shall 
be  considered  as  belonging  to  the  county  in  which  the  school 
building  is  located. 

TITLE  II.— OFFICERS.  THEIR  POWERS  AND  DUTIES. 

Chapter  1. — Administrative  Officers. 
Sec.  19.   The  administration  of  the  public  school  system  Adminis- 

'■  "^  tratiou. 

shall  be  entrusted  to  a  state  superintendent  of  public  instruc- 
tion, a  state  board  of  education,  a  board  of  higher  education, 
regents  or  trustees  for  educational  institutions,  county  super- 
intendents of  common  schools,  boards  of  directors  and  district 
clerks. 

Chapter  2. —  Superintendent  of  Public  Instruction. 

Sec.  20.  A  superintendent  of  public  instruction  shall  be  when  elected. 
elected  by  the  qualified  electors  of  the  state,  on  the  first 
Tuesday  after  the  first  Monday  in  November  of  the  year  in 
which  state  officers  are  elected,  and  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  elected  and 
qualified. 

Sec.  21.   The  superintendent  of  public  instruction  shall  re-  salary, 
ceive  an  annual  salary  of  twenty-five  hundred  dollars,  payable 
monthly,  upon  warrant  of  the  state  auditor,  drawn  upon  the 


20 


CODE  OF  PUBLIC  INSTRUCTION. 


Powers  and 
duties. 


Supervision. 


Reports. 


To  prepare 
blanks. 


To  travel. 


state  treasurer,  in  the  same  manner  as  other  state  oflScers  are 
paid. 

Sec.  22.  The  powers  and  duties  of  the  superintendent  of 
public  instruction  shall  be  — 

First:  To  have  supervision  over  all  matters  pertaining  to 
the  public  schools  of  the  state. 

Seco7id:  To  report  biennially  to  the  govei'nor  on  or  before 
the  first  day  of  November  preceding  the  regular  session  of 
the  legislature,  of  which  report  three  thousand  copies  shall 
be  printed  and  delivered  to  the  superintendent  of  public  in- 
struction, who  shall  furnish  two  copies  to  be  deposited  in  the 
state  library,  one  copy  to  each  county  superintendent  of 
schools,  and  one  copy  to  each  district  library.  Said  report 
shall  contain  a  statement  of  the  general  condition  of  the  pub- 
lic schools  of  the  state,  with  full  statistical  tables,  by  counties, 
showing  the  number  of  schools  and  the  attendance;  the  state 
and  county  school  funds  apportioned,  amount  received  from 
special  tax  and  from  other  sources,  amount  expended  for  sal- 
aries of  teachers,  the  salaries  paid  by  the  several  counties  to 
the  county  superintendent  of  schools,  and  the  amount  paid 
him  for  incidentals  and  expenses;  the  amount  paid  for  build- 
ing and  providing  school  houses,  furniture  and  apparatus; 
the  amount  of  bonded  or  other  school  indebtedness,  with  the 
rate  of  interest  paid  thereon;  the  reports  of  all  state  educa- 
tional institutions,  or  such  portions  of  them  as  he  may  think 
advisable,  together  with  such  other  facts  as  he  may  deem  of 
general  interest.  He  shall  also  include  in  his  report  a  state- 
ment of  plans  for  the  management  and  improvement  of  the 
schools. 

Third:  To  prepare  and  have  printed  such  blanks,  forms, 
registers,  courses  of  study,  rules  and  regulations  for  the  gov- 
ernment of  the  common  schools,  questions  prepared  for  the 
examination  of  teachers,  and  such  other  blanks  and  books  as 
may  be  necessary  for  the  discharge  of  the  duties  of  teachers 
and  officers  charged  with  the  administration  of  the  laws  re- 
lating to  the  common  schools;  and  to  distribute  the  same  to 
the  county  superintendents. 

Fourth:  To  travel  in  the  different  counties  of  the  state 
where  public  schools  are  taught,  without  neglecting  his  other 
official  duties  as  superintendent  of  public  instruction,  for  the 
purpose  of  visiting  schools,  of  consulting  the  county  superin- 
tendents, and  of  addressing  public  assemblages  on  subjects 
pertaining  to  public  schools;  also  to  conduct  such  correspond- 


CODE  OF  PUBLIC  INSTRUCTION.  21 

ence  as  may  enable  him  to  obtain  all  necessary  information 
relating  to  the  system  of  public  schools  in  other  states. 

Fifth:  To  submit  to  the  state  auditor  a  monthly  statement  Expenses. 
of  his  expenditures  for  traveling  expenses:     Provided,  That 
said  expenditures  shall  not  exceed  eight  hundred  dollars  in 
any  one  year. 

Sixth:  To  cause  to  be  printed,  with  an  appendix  of  appro-  To  publish 

.  -  .  .  .1       laws. 

priate  forms  and  instructions  for  carrying  into  execution  the 
laws  relating  to  public  schools,  and  to  distribute  to  each 
county  superintendent  a  sufficient  number  of  copies  to  supply 
each  district  officer,  and  to  cause  the  same  to  be  printed  and 
distributed  as  often  as  any  change  in  the  laws  makes  it  of 
sufficient  importance,  in  his  opinion,  to  justify  the  same. 

Seventh:  To  act  as  ex  officio  president  of  the  state  board  of  fiateboard.'^ 
education. 

Eighth:  To  hold  biennially,  on  or  before  the  first  day  of  "mArcoun'ty 
May  following  the  election  of  county  superintendents,  a  con-  HVta^.'""'^"'*' 
vention  of  the  county  superintendents  of  the  state,  at  such 
time  and  place  as  he  may  deem  convenient,  for  the  discussion 
of  questions  pertaining  to  the  supervision  and  administration 
of  the  school  laws,  and  such  other  subjects  affecting  the  wel- 
fare and  interests  of  the  common  schools  as  may  be  brought 
before  it. 

Ninth:  Upon  the  receipt  from  the  state  auditor  of  a  certifi-  ^J,''^°f^^""j 
cate  of  the  state  school  fund  subject  to  apportionment,  to  ap- 
portion within  ten  days  said  fund  among  the  several  counties 
of  the  state,  in  proportion  to  the  total  days'  attendance:  Pro- 
vided, That  each  school  district  shall  be  credited  with  at  least 
two  thousand  total  days'  attendance.  The  basis  of  said  ap- 
portionment shall  be  the  last  annual  reports  of  the  several 
county  superintendents  on  file  in  his  office  at  the  time  of 
making  his  apportionment. 

Tenth:  To  require  annually,  on  or  before  the  fifteenth  day  ^^^^jP^Je* '^•""^ 
of  August,  of  the  president,  manager  or  principal  of  every  sci'oois. 
seminary,  academy  or  private  school,  and  of  the  president, 
manager  or  principal  of  every  state  educational  institution  in 
this  state,  a  report  of  such  facts  arranged  in  such  form  as  he 
may  prescribe,  and  he  shall  furnish  blanks  for  such  reports, 
and  it  is  made  the  duty  of  every  such  president,  manager  or 
principal  to  fill  up  and  return  such  blanks  within  such  time 
as  the  superintendent  of  public  instruction  shall  direct. 

Eleventh:  To  keep  in  his  office  a  directory  of  all  boards  of  ^f,X"i"„^, 
regents  and  trustees  of  state  educational  institutions,  of  the  'lirectory. 


22 


CODE  OF  PUBLIC  INSTRUCTION. 


Grade  examin- 
ation papers 
and  issue 
certificates. 


Office  at  the 
capital. 


Decide 
appeals. 


To  deliver  to 
his  successor. 


Deputy  and 
stenographer. 


Appointment. 


faculties  of  said  institutions,  and  of  all  teachers  receiving  cer- 
tificates to  teach  in  the  common  schools  of  this  state. 

Tioelfth:  To  grade  and  make  record  of  the  standing  of  all 
examination  papers  submitted  to  him  by  county  superintend- 
ents, and  to  issue  certificates  thereon  as  provided  by  law. 

Thirteenth:  To  keep  in  his  oflice  at  the  capital  of  the  state 
all  books  and  papers  pertaining  to  the  business  of  his  ofllice, 
and  to  keep  and  preserve  in  his  oflace  a  complete  record  of 
statistics  and  all  matters  pertaining  to  the  educational  inter- 
ests of  the  state,  as  well  as  a  record  of  the  meetings  of  the 
state  board  of  education.  He  shall  file  all  papers,  reports  and 
public  documents  transmitted  to  him  by  the  school  officers  of 
the  several  counties  of  the  state  each  year,  separately.  Copies 
of  all  papers  filed  in  his  office,  and  his  official  acts,  may  be 
certified  by  him  and  attested  by  his  official  seal,  and  when  so 
certified  shall  be  evidence  equally  and  in  like  manner  as  the 
original  papers. 

Fourteenth:  To  decide  all  points  of  law  which  may  be  sub- 
mitted to  him  in  writing  by  any  county  superintendent,  or 
that  may  be  submitted  to  him  by  any  other  person  upon  ap- 
peal from  the  decision  of  any  county  superintendent,  and  shall 
publish  his  rulings  and  decisions  from  time  to  time,  for  the 
information  of  school  officers  and  teachers;  and  his  decisions 
shall  be  final  unless  set  aside  by  a  court  of  competent  juris- 
diction. 

Fifteenth:  To  deliver  over  to  his  successor  at  the  expiration 
of  his  term  of  office,  all  records,  books,  maps  and  documents, 
and  papers  of  whatever  kind  belonging  to  his  office,  or  which 
may  have  been  received  by  him  for  the  use  of  his  office. 

Sec.  23.  The  superintendent  of  public  instruction  is  hereby 
authorized  to  appoint  a  stenographer,  and  also  a  deputy  super- 
intendent of  public  instruction,  who  shall  hold  a  life  diploma. 
The  compensation  of  both  shall  not  exceed  twenty-five  hun- 
dred dollars  per  annum,  and  shall  be  paid  in  the  manner  pre- 
scribed for  the  payment  of  state  officers. 

Chapter  3. —  State  Board  of  Education. 
Sec.  24.  The  governor  shall  appoint,  by  and  with  the  ad- 
vice and  consent  of  the  state  senate,  four  suitable  persons,  at 
least  two  of  whom  shall  be  selected  from  those  actually  en- 
gaged in  teaching  in  the  common  schools  of  the  state,  and 
who  hold  life  diplomas  issued  by  authority  of  this  state,  who, 
together  with  the  superintendent  of  public  instruction,  shall 


CODE  OF  PUBLIC  INSTRUCTION.  23 

constitute  the  state  board  of   education.     The  persons    ap- Term  of  office 
pointed  shall  hold  their  office  for  two  years  from  the  first 
Monday  in  March  next  following  their  appointment,  and  shall 
serve  until  their  successors  are  appointed  and  qualified. 

Sec.  25.  The  state  board  of  education  shall  hold  an  annual  Meetings, 
meeting  at  the  capital  of  the  state  on  the  first  Tuesday  in 
June  of  each  year,  and  may  hold  such  special  meetings  as  may 
be  deemed  necessary  for  the  transaction  of  public  business, 
such  special  meetings  to  be  called  by  the  superintendent  of 
public  instruction.  The  persons  appointed  as  members  of  Expenses. 
the  board  of  education  shall  be  paid  for  their  services  the 
actual  expenses  incurred  in  the  performance  of  their  duties, 
which  expenses  shall  be  paid  by  the  state  treasurer,  on  war- 
rant of  the  state  auditor,  out  of  funds  not  otherwise  appro- 
priated, upon  the  certificate  of  the  superintendent  of  public 
instruction:  Provided,  That  the  expenses  of  the  whole  board 
shall  not  exceed  the  sum  of  one  thousand  dollars  in  any  one 
year. 

Sec.  26.   Whenever  any  vacancy  in  the  board  shall  occur,  Vacancies, 
whether  by  death,  removal,  resignation  or  otherwise,  the  gov- 
ernor shall  fill  the  vacancy  by  appointment. 

Sec.  2*7.  The  state  board  of  education  shall  have  power —  Powers  and 

First:  To  adopt  or  to  readopt,  according  to  law,  at  a  special 
meeting  to  be  called  by  the  superintendent  of  public  instruc-  Adopt  text 

•<•  •  r  iici  f     1  books. 

tion,  a  uniform  series  of  text  books  for  the  use  of  the  com- 
mon schools  throughout  the  state. 

Second:  To  prepare  a  course  or  courses  of  study  for  the  Prepare 

-    ,  .  1         1      T  /.      ,  courses  of 

primary,  grammar  and  high  school  departments  of  the  com-  study, 
mon  schools,  and  to  prescribe  such  rules  for  the  general  gov- 
ernment of  the  common  schools  as  shall  secure  regularity  of 
attendance,  prevent  truancy,  secure  efficiency  and  promote  the 
true  interests  of  the  common  schools. 

Third:  To  use  a  common  seal,  and  to  elect  one  of  their  Electa 

1  11111  -1       ,.  secretary. 

own  members  as  secretary,  who  shall  keep  a  correct  record  of 
all  proceedings  of  the  board,  and  shall  file  a  certified  copy  of 
the  same  in  the  office  of  the  superintendent  of  public  instruc- 
tion. 

Fourth:  To  sit  as  a  board  of  examination  at  their  annual  "^I'/ous'*'" 
or  special  meetings,  and  to  grant  state  certificates  and  life 
diplomas. 

Fifth:   To  prepare  a  uniform  series  of  questions  to  be  used  t^ons^fo*!- '''"'* 
by  the  county  superintendents  in  the  examination  of  teachers,  ^nVnaUons. 
and  to  determine  rules  and  regulations  for  conducting  the  same. 


24 


CODE  OF  PUBLIC  INSTRUCTION. 


Consists  of 
whom. 


Adopt  and 
harmonize 
courses  of 
study. 


Election. 


May  appoint 
a  deputy. 


Vacancy. 


Eligibility. 


In  small 
counties. 


Chaptek  4. —  Board  of  Higher  Education. 

Sec.  28.  The  board  of  higher  education  shall  consist  of  the 
state  board  of  education,  together  with  the  president  of  the 
university  of  Washington,  the  president  of  the  state  agricul 
tural  college  and  school  of  science,  and  the  principals  of  the 
state  normal  schools. 

Sec.  29.  The  board  of  higher  education  shall  have  the 
power,  and  it  shall  be  their  duty,  to  adopt  courses  of  study 
for  normal  schools,  and  for  the  preparatory  requirements  for 
entrance  to  the  university  of  Washington  and  to  the  agri- 
cultural college.  The  board  shall  arrange  such  courses  and 
adopt  and  enforce  such  regulations  as  will  place  the  state  in- 
stitutions in  harmonious  relations  with  the  common  schools 
and  with  each  other,  and  unify  the  work  of  the  public  school 
system. 

Chapter  5.— County  Superintendent  of  Common  Schools. 

Sec.  30.  A  county  superintendent  of  common  schools  shall 
be  elected  in  each  county  of  the  state  at  each  general  election, 
whose  term  of  office  shall  begin  on  the  second  Monday  in 
January  next  succeeding  his  election  and  continue  for  two 
years  and  until  his  successor  is  elected  and  qualified.  He 
shall  take  the  oath  or  affirmation  of  office,  and  shall  give  an 
official  bond  in  a  sum  to  be  fixed  by  the  board  of  county 
commissioners.  He  may,  at  his  own  cost,  appoint  a  deputy, 
who  shall  qualify  in  the  same  manner  as  the  county  superin- 
tendent, and  perform  all  the  duties  of  the  office,  subject,  how- 
ever, to  revision  by  the  county  superintendent.  The  county 
commissioners  of  each  county  shall  fill  any  vacancy  that  may 
occur  in  the  office  of  county  superintendent  until  the  next 
general  election. 

Sec.  31.  No  person  shall  be  eligible  to  hold  the  office  of 
county  superintendent  of  common  schools  who  shall  not  at 
the  time  of  his  election  or  appointment  have  taught  in  the 
public  schools  of  this  state  one  school  year  of  nine  months, 
and  who  shall  not  at  the  time  of  such  election  or  appointment 
hold  a  state  certificate  or  life  diploma  or  a  first  grade  common 
school  certificate  in  full  force  and  effect:  Provided,  That  in 
all  counties  of  the  twenty-seventh  class  and  in  all  counties  of 
a  class  having  a  greater  number  than  twenty-seven,  a  person 
shall  be  eligible  to  hold  the  office  of  county  superintendent  of 
common  schools  if  he  shall  have  taught  in  the  public  schools 
of  the  state  for  at  least  nine  school  months,  and  shall  hold  at 


CODE  OF  PUBLIC  INSTRUCTION.  25 

the  time  of  his  election  or  appointment  a  certificate,  except  a 
special  certificate  or  a  temporary  certificate,  in  full  force  and 
effect. 

Sec.  32.  The  county  auditor  shall  not  place  the  name  of  official  baiiot. 
any  person  upon  the  official  ballot  as  a  candidate  for  the  office 
of  county  superintendent  of  common  schools  unless  such  per- 
son shall  have  filed  in  the  office  of  the  county  auditor,  at  least 
twenty  days  before  the  date  at  which  the  election  is  to  be 
held,  proof  of  having  taught  in  the  schools  of  the  state  one 
school  year  of  nine  months,  together  with  a  copy  of  one  of 
the  certificates  required  by  this  act. 

Sec.  33.   Each  county  superintendent  shall  have  the  power,  Powers  and 

T    •        1      11    1       1  •       1  duties: 

and  It  shall  be  his  duty  — 

First:  To  exercise  a  careful  supervision  over  the  common  To  supervise, 
schools  of  his  county,  and  to  see  that  all  the  provisions  of  the 
common  school  laws  are  observed  and  followed  by  teachers 
and  school  officers. 

Second:  To  visit  each  school  in  his  county  not  less  than  To  visit 

schools. 

once  m  each  year. 

Third:  To  distribute  promptly   all   reports,   laws,  forms.  To  distribute 
circulars  and  instructions  which  he  may  receive  for  the  use  of 
the  schools  and  the  teachers. 

Fourth:  To  enforce  the  course  of  study  adopted  by  the  To  enforce 
state  board  of  education  and  to  enforce  the  rules  and  regula- 
tions required  in  the  examination  of  teachers. 

Fifth:  To  keep  on  file  and  preserve  in  his  office  the  bien-  To  file  reports, 
nial  reports  of  the  superintendent  of  public  instruction  and 
of  the  county  superintendents  of  his  county. 

Sixth:  To  keep  in  good  and  well  bound  books,  to  be  fur-  To  keep 

,  .  .        records. 

nished  by  the  county  commissioners,  records  of  his  official 
acts. 

Seventh:  To  preserve  carefully  all  reports  of  school  officers  To  preserve 

'  .11  ^  reports. 

and  teachers,  and  at  the  close  of  his  term  of  office,  to  deliver 
to  his  successor  all  records,  books,  documents  and  papers  be- 
longing to  the  office,  taking  a  receipt  for  the  same,  which 
shall  be  filed  in  the  office  of  the  county  auditor. 

Eighth:  To  administer  oaths   and   affirmations   to   school  ^"er'oaths. 
directors,  teachers  and  other  persons,  on  all  official  matters 
connected  with  or  relating  to  schools,  but  shall  not  make  or 
collect  any  charge  or  fee  for  so  doing. 

Ninth:  To  keep  in  a  suitable  book  an  official  record  of  all  Jo„traCt"! 
persons  under  contract  to  teach  in  the  schools  of  his  county, 
showing  the  number  of  the  school  district,  the  date  of  the 


26 


CODE  OF  PUBLIC  INSTRUCTION. 


To  make  an- 
nual report. 


To  record 
boundaries. 


To  appoint 
officers. 


To  apportion 
school  funds. 


contract,  the  names  of  the  contracting  parties,  the  date  of  the 
expiration  of  the  teacher's  certificate  and  the  grade  thereof, 
the  salary  paid,  and  the  date  of  commencing  school,  with  the 
length  of  the  term  in  weeks.  He  shall,  if  the  contract  is 
properly  drawn  and  the  contracting  teacher  has  a  certificate 
in  full  force  and  effect  for  the  entire  term  for  which  the  con- 
tract is  issued,  countersign  the  same,  and  no  contract  shall  be 
valid  without  such  signature  of  the  county  superintendent. 

Tenth:  To  make  an  annual  report  to  the  superintendent  of 
public  instruction  on  the  first  day  of  August  of  each  year  for 
the  school  year  ending  June  30,  next  preceding.  The  report 
shall  contain  an  abstract  of  the  reports  made  to  him  by  the 
district  clerks,  and  such  other  matters  as  the  superintendent 
of  public  instruction  shall  direct. 

Eleventh:  To  keep  in  his  office  a  full  and  correct  transcript 
of  the  boundaries  of  each  school  district  in  the  county.  In 
case  the  boundaries  of  said  districts  are  conflicting  or  incor- 
rectly described,  he  shall  change,  harmonize  and  describe 
them,  and,  at  their  next  regular  meeting,  he  shall  certify  his 
action  to  the  county  commissioners  of  his  county,  and  shall 
file  with  them  a  complete  transcript  of  the  boundaries  of  all 
school  districts  affected  by  his  action,  which  shall  be  entered 
upon  the  journal  of  said  board  and  become  a  part  of  their 
records.  The  county  superintendent  shall,  on  request,  fur- 
nish the  district  clerks  with  descriptions  of  the  boundaries  of 
their  respective  districts. 

Twelfth:  To  appoint  directors  and  district  clerks  to  fill 
vacancies;  to  appoint  directors  and  district  clerks  for  any  new 
districts:  Provided,  That  when  any  new  district  is  organized, 
such  of  the  directors  and  district  clerk  of  the  old  district  as 
reside  within  the  limits  of  the  new  one  shall  be  directors  and 
district  clerk  of  the  new  one,  and  the  vacancies  in  the  old 
district  shall  be  filled  by  appointment. 

Thirteenth:  To  apportion,  within  ten  days  after  receiving 
the  certificate  of  apportionment  of  the  superintendent  of  pub- 
lic instruction,  the  state  annual  school  fund,  and  such  other 
funds  as  are  subject  to  apportionment,  to  the  several  school 
districts  entitled  to  receive  the  same,  in  accordance  with  the 
instructions  of  the  superintendent  of  public  instruction.  He 
shall  certify  the  result  of  the  apportionment  to  the  county 
treasurer,  and  also  notify  each  clerk  of  the  amount  appor- 
tioned to  that  district. 

fourteenth:  To  grant  such  temporary  and  special  certifi- 


CODE  OF  PUBLIC  INSTRUCTION.  27 

cates   and    to    conduct   such   examinations   of   teachers   and  To  Krant tem- 

porary  certifl- 

candidates  for  entrance  to  the  normal  schools,  and  make  such  «»tes  and 

conduct 

records  thereof  as  may  be  prescribed  by  law:  Provided,  That  examinations. 
he  shall  give  ten  days'  notice  of  such  examination  by  publica- 
tion in  some  newspaper  of  general  circulation  published  in 
his  county,  or  if  there  be  no  newspaper,  then  by  posting  up 
hand  bills,  or  otherwise. 

Fifteenth:  To  hold  teachers'  institutes  according  to  law.  To  hold  in- 
and  to  conduct  such  other  meetings  of  the  teachers  of  his 
county  as  may  be  for  the  best  interests  of  the  schools. 

Sec.  34.  The  county  superintendent  shall  require  all  re-  General  duties, 
ports  of  school  district  officers,  teachers  and  others  to  be 
made  promptly  as  required  by  law.  He  shall  see  that  the 
teacher's  register  is  kept  in  accordance  with  law  and  the  in- 
structions of  the  superintendent  of  public  instruction,  and 
that  the  records  of  school  district  clerks  are  properly  kept. 
He  shall  require  the  oaths  of  office  of  all  school  district 
officers  to  be  filed  in  his  office,  and  shall  furnish  a  directory 
of  all  such  officers  to  the  county  treasurer,  upon  blanks  to  be 
furnished  by  the  superintendent  of  public  instruction,  as 
soon  as  the  election  or  appointment  of  such  officers  is  de- 
termined and  their  oaths  placed  on  file. 

Sec.  35.   He  shall  keep  his  office  open  for  the  transaction  of  office  days, 
official  business  such  days  each   week  as  the  duties  of  the 
office  may  require,  and  shall  keep  posted  on  the  door  of  his 
office  a  notice  of  said  office  days  and  hours  of  such  days. 

Sec.  36.   Any  person  or  board  of  directors  aggrieved  by  any  Appeal  from 

...  1  p      1  •  1  •    1  •      decision,  how 

decision  or  order  or  the  county  superintendent  may,  within  taken, 
thirty  days  after  the  rendition  of  such  a  decision  or  making 
of  such  order,  appeal  therefrom  to  the  superintendent  of  pub- 
lic instruction.  The  basis  of  the  proceeding  shall  be  an  affi- 
davit by  the  party  aggrieved,  filed  with  the  superintendent  of 
public  instruction  within  the  time  for  taking  the  appeal.  The 
affidavit  shall  set  forth  the  errors  complained  of  in  a  plain  and 
concise  manner.  The  superintendent  of  public  instruction 
shall,  within  five  days  after  the  filing  of  such  affidavit  in  his 
office,  notify  the  county  superintendent  in  writing  of  the  tak- 
ing of  such  appeal,  and  the  county  superintendent  shall,  within 
twenty  days  after  being  thus  notified,  file  in  the  office  of  the 
superintendent  of  public  instruction  a  complete  transcript  of 
the  record  and  proceedings  relating  to  the  decision  complained 
of,  which  shall  be  certified  to  be  correct  by  the  county  super- 
intendent.    The  superintendent  of  public  instruction  shall  ex- 


28 


CODE  OF  PUBLIC  INSTRUCTION. 


County  com- 
missioners 
slmll  furnish 
office. 


Salary  and 
mileage. 


amine  the  transcript  of  such  proceedings  and  render  a  decision 
thereon,  but  no  new  testimony  shall  be  admitted,  and  his  de- 
cision shall  be  final  unless  set  aside  by  a  court  of  competent 
jurisdiction. 

Skc.  37.  The  county  commissioners  shall  provide  the 
county  superintendent  with  a  suitable  office  at  the  county  seat, 
and  all  necessary  blanks,  books,  stationery,  postage  and  other 
expenses  of  his  office  shall  be  paid  by  the  county  treasurer 
out  of  the  county  fund  upon  a  sworn  statement  made  quar- 
terly and  allowed  by  the  county  commissioners. 

Sec.  38.  The  county  superintendent  shall,  in  addition  to 
the  salary  fixed  by  law,  be  allowed  mileage  at  the  rate  of  five 
cents  per  mile  for  each  mile  actually  and  necessarily  traveled 
in  the  performance  of  his  official  duties  and  in  attendance  on 
the  convention  of  county  superintendents,  called  by  the  super- 
intendent of  public  instruction,  but  shall  not  be  allowed  to 
charge  or  collect  any  fee  for  the  performance  of  any  other 
duty  herein  named:  Provided,  That  no  constructive  mileage 
shall  be  charged. 

Chapter  6.— District  Directors. 
Sec.  39.  Directors  of  school  districts  shall  be  elected  at  the 
regular  annual  school  election.  At  the  first  annual  election 
in  all  new  districts  three  directors  shall  be  elected,  for  one, 
two  and  three  years,  respectively.  No  person  shall  be  eligi- 
ble to  the  office  of  school  director  who  is  not  able  to  read  and 
write  the  English  language.  The  ballot  shall  specify  the 
term  for  which  each  is  to  be  elected.  In  all  districts  in 
which  elections  have  been  previously  held,  one  director  shall 
be  elected  for  the  term  of  three  years,  and  if  any  vacancies 
are  to  be  filled,  a  sufficient  number  to  fill  them  for  the  unex- 
pired term  or  terms;  and  the  ballot  shall  specify  the  respective 
Assume  office,  term  for  which  each  director  is  to  be  elected.  Directors-elect 
shall  take  office  on  the  first  Monday  in  July  next  succeeding 
their  election,  and  shall  hold  office  until  their  successors  are 
elected  and  qualified.  Any  director  who  fails  to  qualify  on 
or  before  the  day  appointed  for  him  to  take  office  shall  forfeit 
all  rights  to  his  office,  and  the  county  superintendent  shall 
fill  such  vacancy  by  appointment,  to  hold  office  until  the  next 
annual  election. 

Sec.  40.  Every  board  of  directors,  unless  otherwise  spe- 
cially provided  by  law,  shall  have  power,  and  it  shall  be  their 
duty  — 


Election  of 
directors. 


Powers  and 
duties : 


CODE  OF  PUBLIC  INSTRUCTION.  29 

First:  To  employ,  and,  for  sufficient  cause,  to  discharge  to  employ 

.  ®     teachers 

teachers,  mechanics  or  laborers,  and  to  fix,  alter,  allow  and  »"«!  others, 
order  paid  their  salaries  and  compensation. 

Second;  To  enforce  the  rules  and  regulations  prescribed  ^uigg"'"'"''^ 
by  the   superintendent  of   public  instruction   and  the  state 
board  of  education  for  the  government  of  the  schools,  pupils 
and  teachers,  and  to  enforce  the  course  of  study  prescribed  by 
the  state  board  of  education. 

Third:  To  provide  and  pay  for  materials  and  supplies  as  To  provide 
may  be  necessary  for  the  schools,  and  to  purchase  such  school  furniture, 
furniture,  charts  or  other  apparatus  as  may  have  the  written 
approval  of  the  county  school  superintendent  as  to  quality 
and  price:  Provided,  That  all  such  purchases  of  furniture, 
charts  or  other  apparatus  shall  be  approved  at  a  meeting  of 
said  board,  at  which  all  members  shall  be  present. 

Fourth:  To  rent,  repair,  furnish  and  insure  school  houses.  To  care  for 

Fifth:  To  build  or  remove  school  houses,  purchase  or  sell 
lots  or  other  real  estate,  when  directed  by  a  vote  of  the  dis-  To  act  for  the 
trict  to  do  so:  Provided,  That  a  school  house  already  built 
shall  not  be  removed,  nor  a  new  site  for  a  school  house  be 
designated  except  when  directed  by  a  two-thirds  vote  of  the 
electors  of  such  district  at  an  election  to  be  held  for  that  pur- 
pose, which  election  may  be  a  special  or  a  general  school  elec- 
tion. 

Sixth:  To  purchase  personal  property  in  the  name  of  the  To  hold 
district,  and  to  receive,  lease  and  hold  for  their  district  any 
real  or  personal  property. 

Seventh:  To  suspend  or  expel  pupils  from  school  who  re-  To  suspend 
fuse  to  obey  the  rules  thereof,  and  may  exclude  from  school 
all  children  under  six  years  of  age. 

Eighth:  To  provide  free  text-books  and  supplies  to  be  To  provide  free 
loaned  to  the  pupils  of  the  schools  when  directed  by  a  vote  of 
the  district  to  do  so;  and  if  not  so  directed,  to  provide  books 
for  children  of  indigent  parents,  on  the  written  report  of  the 
clerk  after  investigation  that  the  parents  of  such  children  are 
unable  to  purchase  the  same. 

Ninth:  To  require   all   pupils  to   be  furnished  with  such  To  require 

'^     '  books. 

books  as  may  have  been  adopted  by  the  state  board  of  educa- 
tion, as  a  condition  to  membership  in  the  schools. 

Tenth:  To  exclude   from  school   and   school   libraries  allToexchuie 

,,....  certain  books. 

books,  tracts,  papers  and  other  publications  of  an  immoral  or 
pernicious  tendency,  or  of  a  sectarian  or  partisan  character. 
Eleventh:  To  authorize  the   school   room  to  be  used  for 


30 


CODE  OF  PUBLIC  INSTRUCTION. 


To  permit 
the  use  of 
school  house. 


To  enforce 
the  law. 


Liable  for 
debts  of 
district. 


Non-resident 
pupils  may 
attend  school. 


Tuition  fees 
paid  to 
treasurer. 


Make  by-laws. 


Meetings 
of  board. 


May  convey 
property. 


summer  and  night  schools,  literary,  scientiBc,  religious,  politi- 
cal, mechanical  or  agricultural  societies,  under  such  regula- 
tions as  the  board  of  directors  may  adopt. 

Twelfth:  To  require  teachers  to  conform  to  the  provisions 
of  the  law  school. 

Sec.  41.  Any  board  of  directors  shall  be  liable  as  directors 
in  the  name  of  the  district  for  any  judgment  against  the  dis- 
trict, for  any  salary  due  any  teacher,  and  for  any  debts  legally 
due,  contracted  under  the  provisions  of  this  act,  and  they  shall 
pay  such  judgment  or  liability  out  of  the  school  funds  to  the 
credit  of  the  district. 

Sec.  42.  Any  board  of  directors  shall  have  power  to  make 
arrangements  with  adults  wishing  to  attend  school  or  with  the 
directors  of  an  adjoining  district  for  the  attendance  of  such 
children  in  the  school  of  either  district  as  may  be  best  accom- 
modated therein:  Provided^  That  in  case  such  arrangements 
are  not  made,  or  children  from  school  districts  not  adjoining 
desire  to  attend  school  in  their  district,  they  may  charge 
reasonable  tuition  for  such  attendance:  Provided  further,  That 
all  moneys  collected  by  any  school  district  officer  for  the  use 
of  the  district,  shall,  within  thirty  days  after  the  date  of  its 
collection,  be  turned  over  to  the  county  treasurer  and  placed 
to  the  credit  of  the  district. 

Sec.  43.  Any  board  of  directors  shall  have  power  to  make 
such  by-laws  for  their  own  government,  and  the  government 
of  the  common  schools  under  their  charge,  as  they  deem  ex- 
pedient, not  inconsistent  with  the  provisions  of  this  act,  or 
the  instructions  of  the  superintendent  of  public  instruction  or 
the  state  board  of  education.  A  regular  meeting  of  each 
board  of  directors  shall  be  held  on  the  first  Saturday  of  Feb- 
ruary, May,  August  and  November.  They  may,  however, 
hold  such  other  special  or  adjourned  meetings  as  they  may 
from  time  to  time  determine,  or  as  may  be  specified  in  their 
by-laws. 

Sec.  44.  The  board  of  directors  of  each  school  district  shall 
have  custody  of  all  school  property  belonging  to  the  district, 
and  shall  have  power,  in  the  name  of  the  district  or  in  their 
own  names  as  directors  of  the  district,  to  convey  by  deed  all 
the  interest  of  their  district  in  or  to  any  school  house  or  lot 
directed  to  be  sold  by  vote  of  the  district,  and  all  convey- 
ances of  real  estate  made  to  the  district,  or  to  the  directors 
thereof,  shall  be  made  to  the  board  of  directors  of  the  district 
and  to  their  successors  in  office;  said  board,  in  the  name  of  the 


CODE  OF  PUBLIC  INSTRUCTION.  31 

district,  shall  have  power  to  transact  all  business  necessary 
for  maintaining  schools  and  protecting  the  rights  of  the  dis- 
trict; and  it  shall  be  the  duty  of  the  directors  of  every  school 
district  to  issue  and  sign  warrants,  as  such  directors,  for  the  sign  warrants, 
payment  of  all  demands  audited  and  allowed  against  their 
district,  and  to  sign,  execute  and  acknowledge,  as  such  di- Execute  deeds, 
rectors,  deeds  for  the  conveyance  of  all  real  estate  sold  by 
them  as  in  this  section  provided. 

Sec.  45.   It  shall  be  unlawful  for  any  director  to  have  any  Havenopeeu- 

.  .  niary  interest 

pecuniary  interest,  either  directly  or  indirectly,  in  any  erec- in  contracts, 
tion  of  school  houses,  or  for  warming,  ventilating,  furnish- 
ing or  repairing  the  same,  or  be  in  any  manner  connected 
with  the  furnishing  of  supplies  for  the  maintenance  of  schools, 
or  to  receive  or  accept  any  compensation  or  reward  for  ser- 
vices rendered  as  director. 

Sec.  46.   It  shall  be  unlawful  for  any  board  of  directors  to  Limit  of  in- 

...  .      debtedness 

contract  indebtedness  against  their  district  in  any  one  year  in  each  year, 
any  sum  or  sums  exceeding  the  aggregate  of  the  amount  due 
to  said  district  during  the  year  from  state  funds,  the  amount 
of  special  tax  levied  for  the  year  and  the  estimated  receipts 
from  other  sources,  unless  said  indebtedness  be  authorized  by 
a  vote  of  the  electors  of  said  district. 

Sec.  47.   Anv  person  assrrieved  by  any  decision  or  order  of  Appeal  to 

J    r  oo  J         J  county  su- 

the  board  of  directors  may,  within  thirty  days  after  the  ren-  perintendent. 
dition  of  the  decision  or  making  of  such  order,  appeal  there- 
from to  the  county  superintendent  of  the  proper  county;  the 
basis  of  such  proceedings  shall  be  an  affidavit  filed  by  the 
party  aggrieved  with  the  county  superintendent  within  the 
time  for  taking  appeal.  The  affidavit  shall  set  forth  the  errors 
complained  of  in  a  plain,  concise  manner.  The  county  super- 
intendent shall,  within  five  days  after  the  filing  of  such  affida- 
vit in  his  office,  notify  the  clerk  of  the  proper  district,  in 
writing,  of  the  taking  of  such  appeal,  and  the  latter  shall, 
within  ten  days  after  being  thus  notified,  file  in  the  office  of 
the  county  superintendent  a  complete  transcript  of  the  record 
and  proceeding  relating  to  the  decision  complained  of,  which 
shall  be  certified  to  be  correct  by  the  clerk  of  the  district. 
After  the  filing  of  the  transcript  aforesaid  in  the  office,  he  Hearing  of 
shall  notify  in  writing  all  persons  interested  of  the  time  and 
the  place  where  the  matter  of  the  appeal  will  be  heard  by 
him.  At  the  time  thus  fixed  for  the  hearing  he  shall  hear  the 
testimony  of  either  party,  and  for  that  purpose  may  adminis- 
ter oaths  if  necessary,  and  he  shall  make  such  decision  as  may 


32 


CODE  OF  PUBLIC  INSTRUCTION. 


Election. 


Vacancy. 


Powers  and 
duties: 


be  just  and  equitable,  which  shall  be  final  unless  appealed 
from,  as  provided  for  in  this  act. 

Chaptee  7. — District  Clerk. 

Sec.  48.  A  district  clerk  shall  be  elected  in  each  district  at 
each  annual  election,  to  hold  office  for  one  year,  beginning  on 
the  first  Monday  in  August  next  succeeding  his  election,  and 
until  his  successor  is  elected  and  qualified.  In  case  of  the 
death,  removal  or  resignation  of  the  district  clerk,  the  county 
superintendent  shall  fill  the  vacancy  by  appointment.  Any 
district  clerk  failing  to  qualify  as  provided  for  in  this  act,  on 
or  before  the  day  appointed  for  him  to  take  office,  shall 
forfeit  all  right  to  his  office,  and  the  county  superintendent 
shall  fill  the  office  by  appointment,  to  hold  until  the  next 
annual  election. 

Sec.  49.   The  duties  of  the  district  clerk  shall  be  as  follows: 
First:  To  attend  all  meetings  of  the  board  of  directors; 
To  keep  record  but  if  he  shall  not  be  present,  the  board  of  directors  shall 

of  meetings.  ^ 

select  one  of  their  number  to  act  as  clerk,  who  shall  certify 
the  proceedings  of  the  meeting  to  the  clerk  of  the  district, 
to  be  recorded  by  him.  He  shall  keep  his  records  in  a  book 
to  be  furnished  by  the  board  of  directors,  and  he  shall 
preserve  copies  of  all  reports  made  to  the  county  superin- 
tendent, and  safely  preserve  and  keep  all  books  and  docu- 
ments belonging  to  his  office,  and  shall  turn  the  same  over 
to  his  successor. 

Second:  To  keep  accurate  and  detailed  accounts  of  all  re- 
ceipts and  expenditures  of  school  money.  At  each  annual 
school  meeting  the  district  clerk  must  present  his  record  book 
for  public  inspection,  and  shall  make  a  statement  of  the 
financial  condition  of  the  district  and  of  the  action  of  the 
directors,  and  such  record  must  always  be  open  for  public 
inspection. 

Ihird:  To  take  annually,  in  June  of  each  year,  an  exact 
census  of  all  children  and  youth  between  the  ages  of  five  and 
twenty-one  years  who  were  bona  fide  residents  of  the  district 
on  the  first  day  of  June  of  that  year;  and  he  shall  designate 
the  number  of  weeks  each  child  between  the  ages  of  six  and 
twenty-one  years  has  attended  school  during  the  school  year; 
the  names  and  sex  of  all  children  subject  to  enumeration,  to- 
gether with  the  names  of  their  parents  or  guardians:  Pro- 
vided, That  Indian  children  not  living  under  the  guardianship 
of  white  persons,  or  who  have  not  severed  their  tribal  rela- 


To  keep  ac 
roiiiit  of 
finances  of 
district. 


To  make  an- 
nual report. 


CODE  OF  PUBLIC  INSTRUCTION.  33 

tions,  or  Mongolian  children  not  native  born,  shall  not  be  in- 
cluded in  said  census.  He  shall  note  all  defective  youth 
between  the  ages  of  five  and  twenty-one  years;  and  he  shall, 
on  or  before  the  fifteenth  day  of  July,  make  to  the  county 
superintendent  a  full  and  complete  report  of  all  children 
enumerated,  together  with  a  complete  statistical  report  of  the 
affairs  of  his  district,  which  report  shall  be  veriBed  by  affida- 
vit. Said  report  shall  be  made  upon  blanks  to  be  furnished 
by  the  superintendent  of  public  instruction,  and  shall  contain 
such  items  of  information  as  said  superintendent  shall  require, 
including  the  following:  The  names  of  all  persons,  male  and 
female,  between  the  ages  of  five  and  twenty-one  years,  resid- 
ing in  the  district  on  the  first  day  of  June  last  past,  together 
with  the  number  of  weeks  each  has  attended  school  during 
the  last  school  year;  the  names  and  residences  of  the  parents 
or  guardians  of  all  such  children;  the  number  of  schools  or 
departments  taught  during  the  year,  and  the  branches  taught; 
the  number  of  children,  male  and  female,  enrolled  in  school, 
and  the  average  daily  attendance;  the  number  of  teachers  em- 
ployed, and  their  compensation  per  month;  the, number  of 
days  school  was  taught  during  the  past  school'  year,  and  by 
whom;  the  text-books  used,  and  the  number  of  volumes,  if 
any,  in  the  school  district  library;  the  aggregate  amount  paid 
teachers  during  the  year;  the  number  of  school  houses  in  the 
district,  and  the  value  of  them;  the  aggregate  value  of  all 
school  furniture  and  apparatus  belonging  to  the  district;  the 
amount  raised  by  special  tax  during  the  year  for  the  support 
of  schools,  and  for  buildings,  sites  and  furniture;  the  amount 
raised  by  subscription,  or  by  other  means  than  taxation;  the 
amount  of  bonded  indebtedness  of  the  district,  and  the  rate  of 
interest  paid;  the  amount  of  all  other  indebtedness,  and  such 
other  items  as  the  superintendent  of  public  instruction  may 
deem  of  importance,  and  as  may  be  provided  for  in  the  blanks 
furnished  for  said  report,  and  the  clerk  shall  keep  on  file  a 
duplicate  copy  of  said  report. 

Fourth:  To  keep  an  accurate  account  of  all  expenses  in-  l^^^^f^^l^ 
curred  by  him  in  his  district  in  keeping  the  school  house  in 
repair,  in  providing  for  necessary  janitor  work,  and  in  pro- 
viding school  supplies,  and  for  other  expenses  incurred  by 
him  on  account  of  the  school,  which  accounts  must  be  audited 
by  the  board  of  directors  and  paid  out  of  the  district  school 
fund. 

—3 


3i  CODE  OF  PUBLIC  INSTRUCTION. 

To  Rive  notice       Fifth;  To  givc  the  required  notice  of  all  annual  or  special 

of  uieeliiigs.  /  o  1  r 

elections;  also,  to  give  notice  of  the  regular  and  special  meet- 
ings of  the  board  of  directors  as  herein  authorized. 
To  report  Sixth,'  To  report  to  the  county  superintendent  at  the  be- 

contriii'ts  '  J  I 

of  teaciiers.  ginning  of  each  term  of  school  the  name  of  the  teacher  and 
the  proposed  length  of  the  term,  and  to  supply  the  teacher 
with  the  school  register  furnished  by  the  superintendent  of 
public  instruction. 

warranfs  Seventh;  To  issue  and  countersign  all  warrants  ordered  to 

be  issued  by  the  board  of  directors. 

uTthlfsu-  Eighth;  To  report  to  the  superior  judge,  before  the  first 

perior  judge,  (j^y  ^f  December  of  each  year,  the  name  and  residence  of 
every  child  that  failed  to  attend  school  as  required  by  law, 
and  shall  submit,  at  their  next  regular  meeting,  a  duplicate  of 
said  report  to  the  school  board  of  his  district. 

Compensation.  gj^^,  59.  The  district  clerk  shall  receive  three  dollars  per 
day  for  the  time  actually  and  necessarily  spent  in  taking  the 
census  and  making  his  report,  and  he  shall  receive  such  other 
reasonable  compensation  for  other  services  as  the  directors 
shall  allow,  said  accounts  to  be  audited  and  paid  by  the 
directors  out  of  the  funds  of  the  district:  Provided,  That  no 
account  for  services  rendered  by  any  district  clerk  shall  be 
audited  or  allowed  by  any  board  of  directors,  or  any  warrant 
issued  for  the  payment  of  any  such  accounts,  until  he  shall 
have  filed  with  the  board  of  directors  a  certificate  of  the 
county  superintendent  of  his  county  that  all  reports  required 

Certificate  that  bv  law  havc  been  properly  made;  and  it  shall  be  the  duty  of 

reports  have  ''  l       i         j  •/ 

been  made.  the  couuty  Superintendent  to  make  out  and  transmit  to  the 
clerks  of  such  districts  as  have  made  all  reports  as  required 
by  law,  on  or  before  the  last  Saturday  of  the  months  of  Jan- 
uary, April,  July  and  October  of  each  year,  the  certificates 
required  by  this  section. 

Chapter  8.— Teachers. 

Who  arequaii-  Sec.  51.  No  person  sball  be  accounted  as  a  qualified  teacher, 
within  the  meaning  of  the  school  law,  who  has  not  first  re- 
ceived a  certificate  issued  by  the  superintendent  of  public  in- 
struction; or  who  has  not  a  state  certificate  or  life  diploma 
from  the  state  board  of  education,  or  who  has  not  a  temporary 
certificate  or  a  special  certificate  granted  by  the  county  super- 
intendent according  to  law:  Provided,  That  nothing  in  this 
section  shall  be  construed  as  invalidating  any  certificate  in 


CODE  OF  PUBLIC  INSTRUCTION.  35 

force  at  the  time  of  its  passage,  but  the  same  shall  remain  in 
force  for  the  period  for  which  each  was  issued. 

Sec.  52.  Every  teacher  employed  in  any  common  school  f^'Pff* ?^ '^IJ'' 
shall  make  a  report  to  the  county  superintendent  at  the  time 
of  the  contract  to  teach  such  school,  showing  the  number  of 
the  district  in  which  he  is  to  teach,  the  grade  of  his  certifi- 
cate, date  it  expires,  and  the  proposed  length  of  term,  and  at 
the  close  of  any  school  to  report  to  the  county  superintendent 
on  the  blanks  prescribed  by  the  superintendent  of  public  in- 
struction.    Every  teacher  who  shall  be  teaching  at  the  close  Report  at  close 

,  of  school  term 

of  the  school  year,  or  who  shall  teacJi  the  last  term  of  any  or  year, 
school  year,  in  any  school  district,  shall  make  a  report  to  the 
county  superintendent  immediately  upon  the  close  of  such 
school  year  or  term,  for  the  entire  time  taught  in  said  school 
district  since  the  beginning  of  the  school  year.  Copies  of  all 
reports  made  by  teachers  shall  be  furnished  to  the  clerk  of 
the  district,  to  be  by  him  filed  in  his  ofiice.  No  board  of  di- 
rectors shall  draw  any  order  or  warrant  for  the  salary  of  any 
teacher  for  the  last  month  of  his  service  until  the  reports 
herein  required  shall  have  been  made  and  received:  Provided, 
That  in  all  schools  acting  under  the  direction  of  a  city  super-  city  superin- 

^  .  ./  I  teiulentor 

intendent,  the  report  of  such  sui)erintendent  shall  be  accepted  principal 

^  .  .         .  may  report. 

by  the  county  superintendent  and  the  directors  in  lieu  of  the 
teacher's  report,  and  that  when  there  is  no  city  superintend- 
ent, the  report  of  the  principal  shall  be  accepted  in  lieu  of  the 
teacher's  report. 

Sec.  53.   Every  teacher  shall  keep  a  school  register  in  the  Must  keep 

''  .  register. 

manner  provided  for,  and  no  board  of  directors  shall  draw 

any  warrant  for  the  salary  of  any  teacher  for  the  last  month 

of  his  service  in  the  school  at  the  end  of  any  term  or  year, 

until  they  shall  have  received  a  certificate  from  the  district 

clerk  that  the  said  register  has  been  properly  kept,  the  sum-  Final  report. 

maries  made  and   the  statistics  entered,  or  until,  by  personal 

examination,  they  shall  have  satisfied  themselves  that  it  has 

been  done. 

Sec.  54.    Teachers  shall  faithfully  enforce  in  the  schools 

the  course  of  study  and  regulations  prescribed. 

Sec.  65.    No  teacher  shall  be  enii)!oyed  except  by  written  written  record 

*     •'  *         .  of  employ- 

order  of  a  majority  of  directors,  at  a  regular  or  special  meet-  mcut. 

ing  thereof,  nor  unless  the  holder  of  a  legal  teaclier's  certifi- 
cate in  full  force  and  effect  for  the  full  period  covered  by  said 
contract. 

Sec.  5G.    No  teacher  shall  be  required  to  teach  school  on 


36 


CODE  OF  PUBLIC  INSTRUCTION. 


Lepal 
holitiftvs. 


May  suspend 
pupils. 


Teach  moral- 
ity and 
patriotism. 


Treasurers  of 
scliool  dis- 
tricts : 


To  receive 
and  pay  out 
school  funds. 


To  certify 
funds  subject 
to  apportion- 
ment. 


To  make  an- 
nual report. 


Saturdays  or  any  legal  *  holiday,  and  no  deduction  from  the 
teacher's  time  or  salary  shall  be  made  by  reason  of  the  fact 
that  a  school  day  happens  to  be  one  of  the  days  referred  to  in 
this  section  as  a  day  on  which  school  shall  not  be  taught. 

Sec.  57.  Every  teacher  shall  have  power  to  hold  every 
pupil  to  a  strict  accountability  in  school  for  any  disorderly 
conduct  on  the  way  to  and  from  school,  or  on  the  grounds  of 
the  school,  or  doing  the  intermission  or  recess;  to  suspend 
from  school  any  pupil  for  good  cause:  Provided,  That  such 
suspension  shall  be  reported  to  the  directors  as  soon  as  prac- 
ticable for  their  decision. 

Sec.  58.  It  shall  be  the  duty  of  all  teachers  to  endeavor  to 
impress  on  the  minds  of  their  pupils  the  principles  of  moral- 
ity, truth,  justice,  temperance  and  patriotism;  to  teach  them 
to  avoid  idleness,  profanity  and  falsehood;  to  instruct  them 
in  the  principles  of  free  government,  and  to  train  them  up  to 
the  true  comprehension  of  the  rights,  duty  and  dignity  of 
American  citizenship. 

Chapter  9. —  County  Treasurer. 

Sec.  59.  The  county  treasurers  of  the  several  counties  of 
this  state  shall  be  ex  officio  treasurers  of  the  several  school 
districts  of  their  respective  counties,  and  it  shall  be  the  duty 
of  each  county  treasurer  — 

First:  To  receive  and  hold  all  moneys  belonging  to  such 
school  districts,  and  to  pay  them  out  upon  warrants  or  orders 
of  the  boards  of  directors  of  the  districts  to  which  they  be- 
long. 

Second:  To  certify  to  the  county  superintendent  of  com- 
mon schools  of  his  county,  July  first  of  each  year,  and  quar- 
terly thereafter,  the  amount  of  all  school  moneys  in  his 
possession  subject  to  apportionment  on  the  last  day  of  the 
preceding  month,  which  certificate  shall  specify  the  source  or 
sources  from  which  said  moneys  were  derived. 

Third:  To  make  annually,  on  or  before  the  fifteenth  day 
of  July,  a  report  to  the  county  superintendent  of  his  county, 
which  report  shall  show  the  amount  of  school  funds  on  hand 
at  the  beginning  of  the  school  year  last  past  belonging  to 
each  school  district;  the  amount  of  funds  placed  to  the  credit 


*The  legal  holidays  are  Sunday,  New  Year's  Day,  Lincoln's  Birthday,  Wash- 
ington's Birthday,  Decoration  Day,  Fourth  of  July,  Labor  Day,  Christmas  Day, 
any  day  on  which  a  general  election  is  held  throughout  the  state,  and  any  day 
designated  by  proclamation  of  the  chief  executive  as  a  legal  holiday  or  a  day  of 
thanksgiving. 


CODE  OF  PUBLIC  INSTRUCTION.  37 

of  each  school  district  during  the  school  year  ending  June  30, 
last  past,  and  the  sources  from  which  said  funds  were  derived; 
the  amount  of  funds  disbursed  upon  orders  or  warrants  of 
each  school  district  during  the  year,  and  for  what  purpose 
they  were  paid  out;  the  amount  of  funds  remaining  in  his 
possession  at  the  close  of  the  school  year  subject  to  be  paid 
out  upon  warrants  of  school  district  oflScers,  and  the  fund  to 
which  said  moneys  belong;  also  the  amount  of  all  unpaid 
warrants  or  bonds  appearing  upon  his  register  at  the  close  of 
the  school  year. 

Fourth:  He  shall  keep  a  register  of  all  school  district  war-  To  register 

.  1111  warrants. 

rants  presented  to  him  for  payment,  which  register  shall  show 
the  number  of  the  warrant,  the  date  of  issue  and  the  date  on 
which  it  was  registered,  the  amount,  and  the  purpose  for 
which  it  was  issued,  to  whom  issued  and  to  whom  paid,  and 
the  amount  of  interest,  if  any,  accruing  on  said  warrant  be- 
fore payment.  Whenever  any  school  district  warrant  shall 
be  presented  to  the  county  treasurer  for  payment,  if  properly 
signed,  he  shall  pay  the  same  out  of  the  proper  fund  of  the 
district  upon  which  it  is  issued,  if  there  be  funds  in  his  posses- 
sion for  that  purpose;  but  if  there  be  no  funds  in  his  posses- 
sion for  that  purpose  he  shall  endorse  upon  the  back  of  said 
warrant  the  words,  "Presented  and  not  paid  for  want  of  on  warnMu"* 
funds,"  together  with  the  date  of  said  endorsement,  and 
thereafter  said  warrant  shall  draw  interest  at  the  same  rate  as 
county  warrants  until  there  shall  be  sufficient  funds  for  its 
payment;  and  it  is  hereby  made  the  duty  of  the  county  treas-  A(iverti.«e  can 

*■     ''  .  "^  "^         .  ,         "^  of  warrants. 

urer  to  advertise,  quarterly,  all  warrants  which  he  is  prepared 
to  pay,  in  the  same  way  in  which  he  is  required  to  advertise 
county  warrants,  and  after  the  date  fixed  in  said  notice  said 
warrants  shall  cease  to  draw  interest. 

Chapter  10. —  General  Provisions  Relating  to  Officers. 

Sec.  60.   When  any  school  officer  is  superseded,  by  election  shaii  turn  ov«r 

.  ,.  1    1  •  1  •  property. 

or  Otherwise,  he  shall  immediately  deliver  to  his  successor  in 
office  all  books,  papers  and  moneys  pertaining  to  his  office. 

Sec.  61.  Every  person  elected  or  appointed  to  any  office  Take  oath 
mentioned  in  this  act  shall,  before  entering  upon  the  dis- 
charge of  the  duties  thereof,  take  an  oath  or  affirmation  to 
support  the  constitution  of  the  United  States  and  the  State  of 
Washington,  and  to  promote  the  interest  of  education,  and  to 
faithfully  discharge  the  duties  of  his  office  according  to  the 
best  of  his  ability.     In  case  any  officer  has  a  written  appoint- 


38 


CODE  OF  PUBLIC  INSTRUCTION. 


IMny  admin- 
ister OlltllS. 


Shall  file, 
signature. 


Authority 
of  officers 
validated. 


ment  or  commission,  his  oath  or  affirmation  shall  be  endorsed 
thereon  and  sworn  to  before  any  officer  authorized  to  admin- 
ister oaths.  School  officers  are  hereby  authorized  to  admin- 
ister all  oaths  or  affirmations  appertaining  to  their  respective 
offices  without  charge  or  fee.  All  oaths  of  office  as  herein 
provided  shall,  when  properly  made,  be  filed  with  the  county 
superintendent  of  schools. 

Sec.  62.  Every  school  district  director  or  clerk  shall,  on 
assuming  the  duties  of  his  office,  place  his  signature,  certified 
to  by  some  school  district  officer,  on  file  in  the  office  of 
county  treasurer;  and  it  shall  be  unlawful  for  any  county 
treasurer  to  pay  or  register  any  school  district  warrant  if  the 
signatures  are  not  on  file  in  his  office  or  do  not  correspond  to 
the  certified  signatures  therein  filed. 

Sec.  63.  Nothing  in  this  act  shall  be  so  construed  as  to  in- 
validate the  authority  of  any  school  officer  appointed  or 
elected  under  provisions  of  law  and  holding  office  at  the  time 
of  the  passage  of  this  act,  nor  of  any  contract  in  full  force 
and  effect  at  the  time  of  the  passage  of  this  act. 


Common 

schools 

defined. 


Subjects  to 
be  taught. 


TITLE  III.— THE  COMMON  SCHOOL  SYSTEM. 
Chapter  1. — District  Schools. 

Sec.  64.  Common  schools  shall  include  all  district  grades, 
and  high  schools  that  are  maintained  at  public  expense  in  each 
school  district  and  under  the  control  of  boards  of  directors. 
Every  common  school,  not  otherwise  provided  for  by  law, 
shall  be  open  to  the  admission  of  all  children  between  the 
ages  of  six  and  twenty-one  years  residing  in  that  school  dis- 
trict. 

Sec.  65.  All  common  schools  shall  be  taught  in  the  English 
language,  and  instruction  shall  be  given  in  the  following 
branches,  viz. :  Reading,  penmanship,  orthography,  written 
arithmetic,  mental  arithmetic,  geography,  English  grammar, 
physiology  and  hygiene  with  special  reference  to  the  effects 
of  alcoholic  stimulants  and  narcotics  on  the  human  system, 
history  of  the  United  States,  and  such  other  studies  as  may 
be  prescribed  by  the  state  board  of  education.  Attention 
must  be  given  during  the  entire  course  to  the  cultivation  of 
manners,  to  the  laws  of  health,  physical  exercise,  ventilation 
and  temperature  of  the  school  room,  and  not  less  than  ten 
minutes  each  week  must  be  devoted  to  the  systematic  teach- 
ing of  kindness  to  not  only  our  domestic  animals,  but  to  all 
living  creatures. 


CODE  OF  PUBLIC  INSTRUCTION.  39 

Sec.  66.  The  school  day  shall  be  six  hours  in  length,  ex- School  day. 
elusive  of  an  intermission  at  noon,  but  any  board  of  directors 
may  fix  as  the  school  day  a  less  number  of  hours  than  six: 
Provided,  That  it  be  not  less  than  four  hours  for  primary 
schools  under  their  charge,  and  any  teacher  may  dismiss  any 
or  all  pupils  under  eight  years  of  age,  after  an  attendance  of 
four  hours,  exclusive  of  any  intermission  at  noon.  The  school  School  month, 
month  shall  be  construed  to  be  twenty  school  days,  or  four 
weeks  of  five  days  each. 

Sec.  GY.   The  school  year  shall  begin  on  the  first  day  oi  ^<^^^°o\  y^&r. 
July  and  end  with  the  last  day  of  June. 

Sec.  68.   No  teacher,  pupil  or  ianitor  shall  be  permitted  to  Contagious 

'  ^      ^  -I  diseases. 

attend  school  from  any  house  in  which  smallpox,  varioloid, 
scarlet  fever,  diphtheria  or  any  other  contagious  or  infectious 
diseases  are  prevalent.  No  teacher,  pupil  or  janitor  shall  be 
permitted  to  return  to  school  from  any  house  where  the  above 
mentioned  diseases,  or  any  form  of  them,  have  prevailed,  un- 
til three  weeks  shall  have  elapsed  from  the  beginning  of  con- 
valescence of  the  patient,  or  upon  the  certificate  of  a  registered 
physician  in  good  standing  that  there  is  no  danger  of  conta- 
gion. In  ca^e  of  whooping  cough,  chicken  pox  and  measles, 
certified  by  a  physician  to  be  not  of  a  malignant  character, 
this  rule  shall  not  apply  to  teachers,  pupils  or  janitors  who 
have  had  these  diseases  and  have  entirely  recovered  from  them. 

Sec.  69.  All  pupils  who  may  attend  the  common  schools  Pupiis  shall 
shall  comply  with  the  regulations  established  in  pursuance  of  regulations 
the  law  for  the  government  of  the  schools,  shall  pursue  the 
required  course  of  studies,  and  shall  submit  to  the  authority 
of  the  teachers  of  such  schools.  Continued  and  willful  dis- 
obedience or  open  defiance  of  authority  of  the  teacher  shall 
constitute  good  cause  for  expulsion  from  school. 

Sec.  "70.   All  school  districts  in  this  state  shall   maintain  Minimnm 

length  of 

school  during  at  least  three  months  each  year.     All  graded  school  term, 
school  districts  in  incorporated  cities  and  towns  shall  main- 
tain school  during  at  least  six  months  each  year. 

Sec.  71.   All  parents,  guardians  and  other  persons  in  this  Compulsory 

'  '  "  *  attendance. 

state  having  or  who  may  hereafter  have  immediate  custody 
of  any  child  or  children  between  the  ages  of  eight  and  fifteen 
years,  shall  send  the  same  to  school  at  least  three  months  in 
each  year. 

Chapter  2.— Ghaded  and  High  ScnooLS. 
Sec.  72.   Each  incorporated  city  or  town  in  the  state  shall  i-'mits  of 

'  •'  districts. 

be  comprised  in  one  school  district,  and  shall  be  under  the 


40 


CODE  OF  PUBLIC  INSTRUCTION. 


Bonded  terri- 
tory cannot 
be  transferred 


Shall  employ 
a  principal. 


Conrse  of 
study. 


Shall  employ 
a  city  super- 
intendent. 


Report  of 
city  super- 
intendent. 


control  of  one  board  of  directors:  Provided,  That  nothing  in 
this  section  shall  be  so  construed  as  to  prevent  the  extension 
of  such  city  or  town  district  a  reasonable  distance  beyond  the 
limits  of  such  city  or  town:  And  provided  further,  That 
nothing  in  this  section  shall  be  so  construed  as  to  change  or 
disturb  the  boundaries  of  any  school  district  organized  prior 
to  the  incorporation  of  any  city  or  town,  except  in  cases  of 
the  incorporation  of  cities  or  towns  lying  partly  in  two  or 
more  school  districts  organized  prior  to  the  incorporation  of 
such  city  or  town,  or  of  the  extension  of  the  boundaries  of 
cities  or  towns  beyond  the  limits  of  the  school  districts  in 
which  they  are  situated,  or  in  cases  where  two  or  more  cities 
or  towns  unite,  as  provided  by  law:  And  provided  further, 
That  no  portion  of  any  district  which  has  issued  bonds,  shall 
be  transferred  or  united  to  any  other  district  until  all  such 
bonds  have  been  redeemed  and  canceled. 

Sec.  YS.  In  all  such  city  or  town  districts  where  the  num- 
ber of  children  of  school  age  is  sufficient  to  require  the  em- 
ployment of  more  than  one  teacher,  the  board  of  directors 
shall  designate  one  of  such  teachers  as  principal,  and  such 
princij^al  shall  have  general  supervision  over  the  several  de* 
partments  of  his  school.  The  school  or  schools  in  such  city 
or  town  districts  shall  be  graded  in  such  a  manner  as  the  di- 
rectors thereof  shall  deem  best  suited  to  the  wants  and  con- 
ditions of  such  districts:  Provided,  That  the  course  of  study 
established  for  such  districts  shall  not  be  inconsistent  with 
the  laws  of  this  state. 

Sec.  74.  The  directors  of  such  city  or  town  districts  wherein 
schools  are  maintained  in  two  or  more  buildings  shall  elect 
one  city  or  town  superintendent,  who  may  be  a  teacher  in  the 
schools  of  such  district,  and  such  city  or  town  school  superin- 
tendent shall  have  general  supervision  over  the  schools  of  his 
district,  subject  to  the  concurrence  of  the  board  of  directors; 
and  it  shall  be  the  duty  of  the  principal  or  city  school  super 
intendent  to  report  to  the  superintendent  of  public  instruction 
such  facts  relative  to  the  grading,  course  of  study,  enroll- 
ment, attendance  and  other  matters  pertaining  to  such  schools 
as  he  may  require,  on  blanks  furnished  for  that  purpose. 

Chapter  3.— Cities  of  Ten  Thousand  or  More  Inhabitants. 

Sec.  75.  Whenever  any  incorporated  city  in  this  state  shall 
have  a  population  of  ten  thousand  or  more  inhabitants, as  shown 
by  any  regular  or  special  census,  together  with  any  adjacent  or 


CODE  OF  PUBLIC  INSTRUCTION.  41 

contiguous  territory  that  now  is  or  may  be  hereafter  attached 
to  said  city  for  school  purposes,  it  shall  constitute  one  school 
district  and  be  known  by  the  name  " ("name  of  city)  Tuieof  dty 

•'  \  J  /  district. 

school  district  No ,"  in county,  State  of  Wash- 
ington, and  the  board  of  directors  thereof  shall  constitute  a 
body  corporate  and  possess  all  the  usual  powers  of  a  corpora-  a  body 
tion  for  public  purposes,  and  in  that  name  and  style  may  sue 
and  be  sued,  purchase,  hold,  and  sell  such  personal  and  real 
estate,  and  enter  into  such  obligations  as  are  authorized  by 
law;  and  the  title  to  all  school  buildings  or  other  property, 
real  or  personal,  owned  by  any  school  district  within  the  cor- 
porate limits  of  any  city  shall,  upon  the  organization  of  a  dis- 
trict under  the  provisions  of  this  act,  vest  immediately  in  the 
new  district,  and  the  board  of  directors  by  this  act  provided, 
shall  have  exclusive  control  of  the  same  for  all  the  purposes 
herein  contemplated. 

Sec.  "70.  The  said  board  of  directors  shall  consist  of  five  Board  of  Ave 
members,  who  shall  be  elected  by  ballot  by  the  qualified  elec- 
tors of  the  district,  and  shall  hold  their  offices  for  a  term  of 
three  years,  and  until  their  successors  are  elected  and  quali- 
fied: Provided,  That  the  members  of  the  board  of  directors 
in  any  city  to  which  the  provisions  of  this  act  apply,  shall 
serve  out  the  time  for  which  they  were  elected:  Provided  fur- 
ther. That  at  the  first  election  of  members  subsequent  to  the  Terms  of 

/•!•  -iiii  Til  1  members. 

passage  of  this  act,  it  shall  be  so  arranged  by  the  members- 
elect  drawing  lots,  that  the  terra  of  two  members  shall  expire 
in  one  year,  the  term  of  two  members  shall  expire  in  two 
years,  and  the  term  of  one  member  shall  expire  in  three  years 
after  the  said  first  election. 

Sec.  77.  The  regular  district  election  shall  be  held  annually  Ammai 
in  each  district  contemplated  by  this  chapter  on  the  first  Sat- 
urday of  November.      The  board  of  directors  shall  cause  writ- 
ten or  printed  notices  to  be  posted,  specifying  the  day  and  the 
places  of  such  election,  and  the  time  during  which  the  ballot 
box  shall  be  kept  open;  not  less,  however,  than  six  (6)  hours. 
Said  notices  shall  be  posted  in  at  least  one  place  in  each  ward 
in  the  district  at  least  twenty  (20)  days  previous  to  the  time 
of  election.     Said  notices  shall  also  be  published  for  the  same  Notices 
length  of  time  in  two  daily  papers  published  in  the  district,  20  days, 
and  if  there  be  no  daily  or  dailies,  then   in  the  weekly  paper 
or  papers  in  three  (3)  regular  issues  next  preceding  the  day 
of  such  election.      If  the  board  of  directors  fail  to  give  notice 
at  such  time,  as  herein  provided,  then  any  five  (5)  legal  vot- 


42 


CODE  OF  PUBLIC  INSTRUCTION. 


Hours  polls 
shall  be  open. 


One  voting 
place  in 
each  ward. 


Registration  of 
voters.     ( See 
Appendix.) 


Officers  of 
election. 


Directors  to 
canvass  and 
announce 
returns. 


County  super- 
intendent to 
record  certifi- 
cate. 


Directors  shall 
take  oath. 


ers  residing  in  the  district  may  give  such  notice  over  their 
own  names,  and  such  election  may  be  held  after  the  day  fixed 
by  this  act  for  such  election.  All  elections  shall  be  by  ballot, 
and  in  the  absence  of  any  notice  specifying  the  hour,  the  bal- 
lot box  shall   be  open  at  1  o'clock  p.  m.  and  be  closed  at  8 

I\   M. 

Sec.  18.  The  board  of  directors  shall,  at  a  regular  meet- 
ing, provide  one  voting  place  in  each  ward  of  the  city,  and 
appoint  judges  and  clerks  of  election,  who  shall  observe  and 
cause  to  be  observed  at  such  election  all  the  election  laws  of 
this  state  applicable  thereto  not  otherwise  provided  for:  Pro- 
vided,  That  only  those  persons,  male  and  female,  who  have 
complied  with  the  laws  governing  registration  in  cities  of  the 
class  for  which  this  chapter  provides,  shall  be  permitted  to 
vote,  and  that  no  person  shall  be  permitted  to  vote  at  said 
election  except  in  the  ward  in  which  he  or  she  resides.  There 
shall  be  provided  by  the  board  of  directors  registration  books 
for  each  ward,  in  which  the  secretary  of  the  board  shall  reg- 
ister separately  the  names  of  males  and  females  who  apply 
for  registration,  and  are  legally  qualified  as  otherwise  pro- 
vided by  law.  Should  any  of  the  judges  be  absent  at  the  open- 
ing of  the  polls,  the  electors  present  shall  appoint  a  legal 
voter  who  upon  taking  oath,  shall  be  qualified  to  fill  the 
vacancy. 

Sec.  79.  The  board  of  directors  shall,  upon  closing  the 
polls,  receive  the  returns  at  the  time  and  the  place  it  shall 
direct,  and  shall,  within  five  (5)  days  from  said  election,  meet 
as  a  canvassing  board,  and  in  the  presence  of  any  duly  quali- 
fied justice  of  the  peace  in  and  for  said  county,  canvass  the 
returns  and  ascertain  the  result.  The  result  of  said  election 
shall  be  certified  by  the  board  of  directors  to  the  county 
school  superintendent,  who  shall  preserve  said  certificate, 
entering  upon  his  records  the  receipt  of  said  certificate  and 
the  names  of  the  person  or  persons  elected  as  members  of 
such  board  of  directors  for  said  district,  together  with  the 
terms  for  which  elected. 

Sec.  80.  All  persons  elected  as  members  of  the  board  of 
directors  shall,  within  ten  (10)  days  thereafter,  appear  before 
an  officer  authorized  to  administer  oaths,  take  and  subscribe 
the  usual  oath  of  office,  and  deliver  the  same  to  the  county 
superintendent  of  schools.  In  case  any  person  elected  shall 
fail  so  to  do,  his  election  shall  be  void,  and  the  vacancy 
occasioned  thereby  shall  be  filled  by  the  board  as  hereinafter 


CODE  OF  PUBLIC  INSTRUCTION.  43 

provided.  The  term  of  office  of  persons  so  selected  shall  Term  of  office, 
begin  on  tbe  first  Saturday  of  the  month  following  their  elec- 
tion, when  the  members  of  the  board  of  directors  shall  elect 
a  president  and  a  vice  president  from  among  their  number, 
who  shall  serve  for  a  term  of  one  year  or  until  their  successors 
are  elected  and  qualified.     They  shall  elect  annually  a  secre- ^'^'■''°"  °*' 

■"  •'  •'  secretary. 

tary,  at  such  salary  as  they,  the  board,  may  deem  just.  Said 
secretary  shall  not  be  a  member  of  the  board  of  directors,  and 
may  be  removed  by  tbe  board  at  any  time. 

Sec.  81.  The  election  of  the  officers  of  the  board  of  directors,  Elections  by 

'  viva  voce  vote. 

the  city  superintendent,  the  secretary,  teachers  and  janitors 
shall  be  by  viva  voce  vote  upon  a  call  of  the  roll  of  all  the 
members,  and  no  person  shall  be  declared  elected  unless  he 
receives  a  majority  vote  of  all  the  members  of  the  board. 

Sec.  82.   It  shall  be  the  duty  of  the  president  to  preside  at  ■^^jeg^J^^^t 
all  meetings  of  the  board,  and  to  perform  such  other  duties 
as  the  board  may  prescribe. 

Sec.  83.   It  shall  be  the  duty  of  the  vice  president  to  per-  Duty  of  vice 
form  all  the  duties  of  president  in  case  of  his  absence  or  dis- 
ability. 

Sec.  84.   It  shall  be  the  duty  of  the  secretary  to  be  present  Duty  of 

SGcrctflry. 

at  all  the  meetings  of  the  board,  to  keep  an  accurate  journal 
of  the  proceedings,  to  take  charge  of  its  books  and  documents, 
to  countersign  all  warrants  for  school  moneys  drawn  upon  the 
county  treasurer  by  order  of  the  board;  he  may  be  authorized 
by  the  board  of  directors  to  purchase  needed  supplies  for  the 
schools,  and  shall  also  act  as  sujaerintendent  of  buildings,  and 
shall  be  charged  with  the  special  care  of  the  school  buildings 
of  the  district;  he  shall  also  perform  such  other  duties  as  the 
board  may  direct. 

Sec.  85.  Before  entering  upon  the  discharge  of  his  duties,  bond^'^*^ 
the  secretary  of  the  board  shall  give  bonds  in  such  sum  as  the 
board  of  directors  may  fix  from  time  to  time,  but  for  not  less 
than  five  thousand  dollars  ($5,000),  with  good  and  sufficient 
sureties,  and  shall  take  and  subscribe  an  oath  or  affirmation, 
before  a  proper  officer,  that  he  will  support  the  constitution 
of  Washington,  and  faithfully  perform  the  duties  of  his  office. 
He  shall,  from  time  to  time,  as  he  may  be  required  by  the  feJfjb^il'ndi'ngB 
board,  make  a  complete  and  detailed  record  of  his  transactions 
as  purchasing  agent  of  the  board  and  as  superintendent  of 
buildings,  which  shall  be  combined  with  his  annual  report,  to 
be  published  in  the  manner  determined  by  the  board. 

Sec.  8G.   The  reecular  meetings  of  the  board  of  directors 


44 


CODE  OF  PUBLIC  INSTRUCTION. 


Meetings  of 
the  board. 


Office  of 
the  board. 


County  treas- 
urer shall  be 
treasurer 
of  district. 


Vacancies  in 
the  board. 


Quorum. 


Forfeiture 
of  office. 


Auditing 
committee. 


shall  be  held  monthly  at  such  a  time  as  the  by-laws  of  the 
board  may  prescribe,  but  special  meetings  may  be  held  from 
time  to  time  as  circumstances  may  demand,  at  the  call  of  the 
president  or  on  petition  of  a  majority  of  the  members  of  the 
board,  and  all  meetings  shall  be  open  to  the  public  unless 
otherwise  specially  ordered. 

Sec.  81.  The  board  of  directors  shall  maintain  an  office 
where  all  regular  meetings  shall  be  held,  and  all  records, 
vouchers  and  other  important  papers  belonging  to  the  board 
may  be  preserved,  and  at  all  times  ready  for  inspection  of 
resident  taxpayers. 

Sec.  88.  The  county  treasurer  shall  be  the  ex  officio  ti'eas- 
urer  of  the  board  of  directors;  he  shall  prepare  and  submit  to 
the  secretary,  in  writing,  on  the  first  day  of  January,  April, 
July  and  October  of  each  year,  a  report  of  the  state  of  the 
finances,  and  shall  pay  school  moneys  placed  to  the  credit  of 
the  district  only  upon  warrants  signed  by  the  president  or  by 
a  majority  of  the  board  of  directors  and  countersigned  by  the 
secretary. 

Sec.  89.  The  board  of  directors  shall  have  the  power  to 
fill,  by  election,  any  vacancy  which  may  occur  in  its  body, 
but  the  election  to  fill  such  vacancy  shall  be  valid  only  until 
the  next  regular  district  election,  and  the  ballots  and  returns 
shall  be  designated  as  follows:    "To  fill  unexpired  term." 

Sec.  90.  A  majority  of  all  members  of  the  board  of  direct- 
ors shall  constitute  a  quorum,  but  a  less  number  in  attend- 
ance at  any  regular  meeting  shall  have,  and  a  quorum  at  any 
special  meeting  may  have,  power  to  compel  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties  as 
the  board  may  see  fit  to  prescribe ;  and  the  absence  of  any 
member  from  four  consecutive  regular  meetings  of  the  board, 
unless  on  account  of  sickness  or  by  resolution  of  the  board, 
shall  vacate  his  position  in  the  board,  which  fact  shall  be 
passed  upon  by  the  board  of  directors  and  spread  upon  their 
records. 

Sec.  91.  All  accounts  shall  be  audited  by  a  committee,  to 
be  styled  the  "auditing  committee,"  and  no  expenditure 
greater  than  two  hundred  dollars  ($200)  shall  be  voted  by 
the  board  except  in  accordance  with  a  written  contract,  nor 
shall  any  money  or  appropriation  be  paid  out  of  the  school 
fund  except  on  a  recorded  affirmative  vote  of  a  majority  of 
all  members  of  the  board ;  and  the  accounts  and  the  records 
of  said  board  shall  at  all  times  be  subject  to  the  inspection 


CODE  OF  PUBLIC  INSTRUCTION.  45 

and  examination  of  the  county  superintendent  of  said  county,  County  super- 

•'         '^  _  _  •'  '   intendent  to 

whose  duty  it  shall  be,  annually,  to  examine  said  records  and  examine ao- 

_  .  .    .  counts  and  re- 

check  said   accounts,  and  report  in  writing  to  the  board  of  po^t  to  county 

'■  ^  commis- 

county  commissioners  of  said  county  the  nature  and  state  of  sioners. 
said  accounts,  and  any  facts  that  may  be  required  concerning 
said  records. 

Sec.  92.  Every  board  of  directors  shall  have  the  power,  Powers  and 
and  it  shall  be  their  duty  — 

First:  To  employ  a  city  superintendent  of  schools  of  the  To  employ  a 

...  T  r>  •  •        superin- 

district,  and  for  cause  to  dismiss  him ;  and  to  fix  his  duties  tendent. 
and  compensation. 

Second:  To  enforce  the  rules  and  general  regulations  of  Ji°ies"amTudopt 
the  superintendent  of  public  instruction,  and  the  state  board  text-books, 
of  education  ;  to  prescribe  the  course  of  study,  the  exercises, 
and  the  kind  of  text-books  to  be  used  in  addition  to  the  text- 
books prescribed  by  the  state  board  of  education  for  the  use 
of  the  common  schools  of  this  state :  Provided,  That  after 
the  adoption  of  any  text-book,  it  shall  not  be  changed  in  less 
than  five  (5)  years,  unless  the  price  thereof  shall  be  unwar- 
rantably advanced,  or  the  mechanical  quality  lowered,  or  the 
supply  stopped. 

Third:  To  provide  for  school  furniture  and  for  everything  To  provide 

*  -I  <=>  supplies. 

needed  in  the  school  houses. 

Fourth :  To  make  necessary  by-laws  for  more  effectively  To  enact 
carrying  out  the  provisions  of  this  act,  and  for  facilitating 
the  work  of  the  board,  as  required  by  law. 

Fifth :  To  adopt  and  enforce  such  rules  and  regulations  as  To  establish 

'  ^  °  grades  and 

may  be  deemed  essential  to  the  well  being  of  the  schools,  and  departmente. 
to  establish  and  maintain  such  grades  and  departments,  in- 
cluding night,  high,  kindergarten,  manual  training  and  indus- 
trial  schools   as   shall,  in   the   judgment  of  the   board,  best 
promote  the  interests  of  education  in  that  district. 

Sixth:  To  suspend  and  expel  pupils  from  school  who  re- To  suspend 
fuse  to  obey  the  rules  thereof, 

Seve7ith:  To  employ,  and,  for  cause,  to  dismiss,  teachers,  J°achJrl°RnA 
janitors  or  other  employes;  to  determine  the  length  of  time  over  opj,'",', g"„nd 
and  above  eight  (8)  months  that  school  shall  be  maintained;  gJ.",o",1  °*^ 
to  fix  the  time  for  the  annual  opening  and  closing  of  schools, 
and  for  the  daily  dismissal  of  primary  pupils  before  the  regu- 
lar time  for  closing  schools. 

Eiglith :  To  provide    free  text-books  and  supplies  for  all  books'^*'^'' 
children  attending  school,  when  so  ordered  by  a  vote  of  the 
electors;  or  if  free  text-books  are  not  voted  by  the  electors, 


46  CODE  OF  PUBLIC  INSTRUCTION. 

to  provide  books  for  children  of  indigent  parents,  on  the 
written  statement  of  the  city  superintendent  that  the  parents 
of  such  children  are  not  able  to  purchase  them. 
To  require  NintJi '.  To  require  successful  vaccination  as  a  condition  of 

vaocinntion.  ^ 

school  membership  and  to  provide  free  vaccination  to  all  who 
are  unable  to  pay  for  the  same. 
To  make  an  Tenth  :  To  make,  as  soon  as  possible  after  the  close  of  the 

annual  report.  '  '■ 

school  year,  an  annual  printed  report  to  the  taxpayers  of  the 
district,  showing  in  detail  the  receipts  and  disbursements  of 
the  school  funds. 
Census.  g^c.  93.   The  board  of*  directors  shall  annually  cause  to  be 

taken  an  enumeration  of  all  persons  between  the  ages  of  five 
and  twenty-one  years  residing  in  the  district,  and  shall  re- 
port the  same,  together  with  such  information  as  required  by 
the  general  school  laws  of  Washington,  to  the  county  super- 
intendent of  schools,  at  the  time  and  in  the  manner  specified 
by  law  for  like  returns  in  other  districts.  The  census  shall 
be  taken  by  the  secretary  and  such  enumerators  as  he  shall 
select,  subject  to  the  approval  of  the  board  or  its  proper 
Oompensation  Committee.  The  enumerators  shall  receive  such  compensa- 
ators.  tion   as   the   board   may  deem  just.     Each  enumerator  shall 

Oath  of.  verify  by  oath  the  correctness  of  his  report  in  the  same  man- 

ner as  by  law  required  of  the  district  clerk. 
Directors  shall      Sec.  94.   It  shall  be  uiilawful  for  any  member  of  the  board 

have  no  pecun-  .  . 

iary  interest      of  directors,  or  any  of  Its  officers,  to  have  any  pecuniary  in- 


in  contracts. 


terest,  either  directly  or  indirectly,  in  any  contract  for  the 
erection  of  school  houses,  or  for  warming,  ventilating,  fur- 
nishing or  repairing  the  same,  or  in  the  furnishing  of  supplies 
for  the  maintenance  of  the  schools,  or  to  receive  or  to  accept 
any  compensation  for  services  performed  in  discharging  the 
duties  of  his  office. 
Sale  of  school        Sec.  95.   No  school  property  of  any  kind  shall  be  sold  by 

property.  i        i  j  j  J 

the   board  of  directors  without  the  consent  of  the  district 
being  first  obtained,  except  it  be  personal  property,  the  value 
of  which  shall  not  exceed  five  hundred  dollars  (§500). 
Purchase  of  Sec.  96.   In  all    districts  contemplated    by    this   chapter, 

supplies  in 

the  sum  of        when,  in  the  opinion   of  the  board,   the  cost  of  any  lot  of 

S200  by  ad-  '  1  .  . 

vertisement.  fumiture.  Stationery,  apparatus,  fuel,  building  or  improve- 
ments, or  repairs  to  the  same,  will  equal  or  exceed  the  sum 
of  two  hundred  dollars  ($200),  it  shall  be  the  duty  of  the 
board  to  give  due  notice  by  publication  in  at  least  one  daily 
newspaper  published  within  said  city,  and  if  there  be  no 
daily,  then  in  one  or  more  weekly  papers  in  three  (  3  )  regular 


CODE  OF  PUBLIC  INSTRUCTION.  47 

consecutive  issues,  of  the  intention  to  receive  bids  for  such 
lots  of  furniture,  stationery,  fuel  and  other  supplies,  or  for 
said  improvements  and  repairs.  The  board  shall  determine 
the  specifications  for  such  bids,  which  shall  be  public. 

Sec.  97.   The  board  of  directors  shall  annually,  at  a  meet-  J^^^att  funds*^ 
ing  next  preceding  the  annual  tax  levy  for  state  and  county  required, 
purposes,  report  to   the   board  of  county  commissioners  an 
estimate  of  the  amount  of  funds  in  addition  to  estimated  re- 
ceipts  from  the  state  tax  required  for  the  support  of   the 
schools,  for  the  purchase  of  school  sites,  the  erection  and  fur- 
nishing of  school  buildings,  the  payment  of  interest  upon  all 
bonds  issued  for  school  purposes,  and  the  creation  of  a  sink- 
ing fund  for  the  payment  of  such  indebtedness,  if  any,  and 
the  county  commissioners  are  hereby  authorized  and  required  ^^ssioners™ 
to  levy  and  collect  said  additional  amount  the  same  as  other  ^^^'^  ^^^y  '*^- 
taxes:    Provided,  That  in  case  the  purchase  of  school  sites 
and  the  erection  of  buildings  shall  require  an  expenditure  ex- 

ceedins:  twentv-five  thousand  dollars  ($25,000)  for  any  one  Expenditure 
°  •'  .  ^    .    '  e         '^^  S25,ooo  re- 

calendar  year,  the  question  shall  be  submitted  to  a  vote  of  the  quires  a  vote 

•^  ■*  of  electors. 

electors  of  the  district,  at  the  time  and  places  the  board  of 
directors  may  appoint;  the  board  of  directors  shall,  previous 
to  such  election,  designate  in  at  least  one  daily  paper  pub- 
lished in  the  district,  if  there  be  one,  if  not  then  in  such 
weekly  papers  as  may  be  selected  by  the  board,  the  place  or 
places  where  such  an  election  shall  be  held,  the  locality  of 
the  site  or  sites  required,  and  the  proposed  cost  of  the  build- 
ings to  be  erected  thereon. 

Sec.  98.   The  aggregate  tax  for  school  purposes  in  cities  of  ta"ievy. 
ten  thousand  or  more  inhabitants  shall  in  no  one  year  exceed 
one  per  cent,  upon  all  the  taxable  property  of  the  district. 

Chapter  4. —  County  Institutes. 
Sec.  99.   Whenever  the  number  of  school  districts  in  any  institute  must 

•'    be  held,  when. 

county  is  twenty-five  or  more,  the  county  superintendent 
must  hold  a  teachers'  institute  each  year,  and  every  teacher 
holding  a  valid  certificate  employed  in  a  common  school  in 
the  county  must  attend  such  institute  during  its  whole  time. 

Sec.  100.   In  any  county  where  there  are  less  than  twenty-  May  be  held, 
five  school  districts,  the  county  superintendent  may,  in  his 
discretion,  hold  an  institute. 

Sec.  101.   Each  session  of  the  institute  must  continue  not  i-enK»i>  of 

session. 

less  than  three  days. 

Sec.  102.   When  the  institute  is  held  during  the  time  when 


48 


CODE  OF  PUBLIC  INSTRUCTION. 


Co'"pe"8ation  ^he  teachers  are  employed  in  teaching,  their  pay  shall  not  be 
diminished  by  reason  of  their  attendance  when  certified  to  by 
the  county  superintendent. 

Sec.  103.  All  examination  fees  shall  be  paid  by  the  county 
superintendent  to  the  county  treasurer,  who  shall  place  it  to 
the  credit  of  an  institute  fund  hereby  created. 

Sec.  104.  The  county  superintendent  must  keep  an  accurate 
account  of  the  actual  expenses  of  the  institute,  with  vouchers 
for  the  same,  and  present  the  bill  to  the  county  commission- 
ers, who  shall  allow  the  same:  Provided,  That  such  amount 
shall  not  exceed  in  any  year  the  sum  of  two  hundred  dollars 
in  excess  of  the  amount  received  as  examination  fees. 


continues. 


Examination 
fees  paid  into 
the  institute 
fund. 


Expenses  paid 
by  county  com- 
missioners. 


Uniform  sys- 
tem Ihrongli- 
out  the  state. 


State  superin- 
tendent shall 
advertise  for 


bids. 


Proposals  to 
furnish  books. 


Chapter  5. — Text-Books, 
article  i. —  adoption  of  books. 
Sec.  105.  A  general  and  uniform  system  of  text-books  for 
the  use  of  the  common  schools,  including  graded  schools, 
throughout  the  state  shall  be  adopted  or  readopted  by  the 
state  board  of  education  in  the  following  manner:  On  or  be- 
fore the  first  day  of  May  in  the  year  nineteen  hundred  the 
superintendent  of  public  instruction  shall  advertise  for  at  least 
four  weeks,  in  such  papers  or  periodicals  of  general  circulation 
as  he  may  determine,  that  the  board  of  education  will  receive 
sealed  proposals  for  the  supply  of  text-books  to  the  people  of 
the  state.  Said  advertisement  shall  state  the  day  and  hour 
upon  which  said  proposals  shall  cease  to  be  received.  It  shall 
also  name  all  the  kinds  of  books  for  the  supply  of  which  pro- 
posals are  invited,  and  shall  prescribe  that  the  proposals  so 
advertised  for  shall  state  the  price  at  which  the  books  offered 
shall  be  exchanged  for  the  books  in  use  at  the  time  of  making 
such  proposals,  the  wholesale  price  which  shall  be  maintained 
in  the  state,  and  also  the  uniform  retail  price  which  shall  be 
maintained  in  every  incorporated  town  and  city  in  the  state 
during  the  time  in  which  the  books  shall  continue  in  use;  or 
the  price  to  the  state  in  the  case  of  state  purchase  and  supply 
of  free  textbooks.  Said  proposals  shall  be  marked:  "Sealed 
proposals  to  furnish  text-books  for  the  State  of  Washington," 
and  shall  be  addressed  to  the  superintendent  of  public  instruc- 
tion, and  shall  not  be  opened  before  the  hour  advertised,  nor 
in  the  presence  of  less  than  three  members  of  the  board.  Im- 
mediately upon  the  opening  of  the  bids  they  shall  be  read  in 
open  board,  and  adoption  of  books  and  awai'ds  of  contracts 
shall  be  made  within  ten  days  following.     No  books  shall  be 


CODE  OF  PUBLIC  INSTRUCTION.  49 

adopted  without  a  majority  vote  of  the  whole  board:  Pro- 
vided, They  can  secure  an  exchange  of  books  at  any  time  in  Exchange 
use  for  those  of  the  same  grade,  or  an  exchange  of  those  of  a 
lower  grade  for  those  of  the  next  higher  grade,  without  a 
greater  average  cost  to  the  people  than  one-fifth  of  the  con- 
tract retail  price  of  the  books  in  use  in  1890-91;  and  the  state 
board  of  education  shall  have  power  to  enter  into  contract 
with  the  publishers  for  the  supply  of  the  same,  to  take  effect 
on  the  first  day  of  September  following,  and  the  books  so  Adoption  for 
adopted  shall  not  be  changed  within  five  years  thereafter, 
unless  the  publishers  of  such  adopted  books  shall  fail  to 
comply  with  the  terms  of  the  contracts.  The  adoption 
herein  provided  for  shall  occur  every  five  years  at  the 
time  of  the  year  and  in  the  manner  herein  provided,  un- 
less otherwise  ordered  by  the  legislature:     Provided,  That  Rejection  of 

,  ,  .  1      ,,  proposals. 

the  board  shall  have  power  to  reject  any  and  all  proposals  or 
parts  of  proposals,  and,  in  case  of  such  rejection,  they  shall 
at  once  notify  the  principal  office  or  any  agent  of  any  bidder 
that  such  rejection  has  been  ordered,  and  that  proposals  will  usemlnt 
again  be  received  for  furnishing  such  books  as  may  not  have 
been  adopted,  according  to  the  terms  of  the  former  adver- 
tisement, and  such  notice  shall  state  the  day  and  hour  upon 
which  such  new  proposals  shall  cease  to  be  received,  and 
such  date  shall  not  be  less  than  ten  days  nor  more  than  fifteen 
days  after  the  day  on  which  the  former  proposals  were  re- 
jected. On  the  day  named  in  such  notice  the  board  shall 
meet,  and,  at  the  hour  named,  shall  open,  read  and  consider 
the  proposals  in  the  manner  hereinbefore  provided,  and  they 
may  continue  to  reject  proposals  and  invite  new  bids  in  the 
manner  herein  provided  for  such  subsequent  proposals  until 
satisfactory  proposals  shall  have  been  received :  Provided, 
That  no  proposal  shall  be  accepted  in  which  the  retail  price  Limit  of  price. 
offered  is  greater  than  sixty-six  and  two-thirds  per  centum  of 
the  retail  price  of  books  similar  in  grade,  quality  of  material, 
illustrations  and  general  workmanship  which  were  furnished 
under  the  contracts  of  eighteen  hundred  ninety  and  eighteen 
hundred  ninety-one.  The  publishers  awarded  the  contracts  publishers 
by  the  board  shall  guarantee  all  the  terms  of  the  proposal  on  contract  prices, 
which  it  is  made  by  a  bond  with  two  or  more  sufficient 
sureties  for  faithful  performance,  which  sureties  shall  be 
residents  of  this  state;  the  said  bond  to  cover  such  period  as 
the  books  may  remain  in  use,  and  to  be  approved  by  the 


50 


CODE  OF  PUBLIC  INSTRUCTION. 


state  publi- 
cation of 
text'books. 


board  and  the  attorney  general.  Said  publishers  shall  also 
guarantee  in  the  same  bond  that  in  case  they  reduce  the  retail 
price  in  this  state  of  any  book  furnished  by  them,  they  will 
also  make  a  proportionate  reduction  of  the  contract  whole- 
sale price  to  all  dealers  at  all  points  where  such  reduction  is 
made  in  the  retail  price:  Provided,  That  whenever  any  book 
or  set  of  books  compiled  and  published  by  or  under  authority 
of  the  state  shall  be  ready  for  distribution,  the  contract,  as 
provided  by  this  section,  shall,  as  far  as  that  book  or  set  of 
books  is  concerned,  be  abrogated,  and  this  proviso  shall  be 
construed  to  be  sufficient  notice  to  contractors. 


Vote  on  free 
text-books 
June,  1897. 


Special  vote 
may  be  called 
upon  petition 
of  five  patrons, 


Of  Ave  hun- 
dred patrons 


Board  shall 
furnish  free 
text-books 
when  so 
ordered. 


Source  of 
school  funds. 


ARTICLE  II. —  FREE  TEXT-BOOKS. 

Sec.  106.  At  the  annual  meeting  for  the  election  of  school 
district  officers  next  subsequent  to  the  passage  of  this 
act,  there  shall  be  submitted  to  the  qualified  electors  of  each 
school  district  the  question  of  providing  free  text-books  and 
supplies  for  the  use  of  all  pupils  attending  the  common 
schools  of  the  district,  and  for  levying  a  tax  sufficient  to  meet 
the  expense  thereof.  The  vote  shall  be  taken  by  ballot,  and 
the  ballot  of  those  favoring  the  question  shall  have  thereon 
the  words,  "Furnishing  free  text-books  and  supplies.  Yes," 
and  the  ballot  of  those  opposed  shall  have  the  words,  "Fur- 
nishing free  text-books  and  supplies,  No." 

Sec.  107.  The  board  of  directors  may,  and  upon  the  presen- 
tation of  a  petition  signed  by  five  patrons  of  the  school,  it 
shall  be  their  duty  to  call  a  special  election  for  the  purpose 
of  submitting  to  the  qualified  electors  of  the  district  the  ques- 
tion of  furnishing  free  text-books  and  supplies  as  provided  in 
this  article:  Provided,  That  in  cities  of  ten  thousand  or  more 
inhabitants  the  number  of  said  petitioners  shall  not  be  less 
than  five  hundred. 

Sec.  108.  Should  a  majority  of  the  votes  mentioned  in  this 
act  be  in  favor  of  furnishing  free  text-books  and  supplies,  it 
shall  be  the  duty  of  the  board  of  directors  to  procure  the 
same  according  to  such  vote  and  in  sufficient  quantities,  and 
to  adopt  such  rules  and  regulations  as  may  be  necessary  for 
their  use  and  care,  as  well  as  to  furnish  suitable  cases  and 
shelves  for  their  safe  keeping. 

Chapter  6.— School  Revenues. 
Sec.  109.   The  principal  of  the  common  school  fund  shall 
remain  irreducible  and  permanent.     The  said  fund  shall  be 
derived  from  the  following  sources,  to  wit:  Appropriations 


CODE  OF  PUBLIC  INSTRUCTION.  51 

and  donations  by  the  state  to  this  fund;  donations  and  be- 
quests by  individuals  to  the  state  or  common  school;  the  pro- 
ceeds of  land  or  other  property  which  revert  to  the  state  by 
escheat  and  forfeiture;  the  proceeds  of  all  property  granted 
to  the  state,  when  the  purpose  of  the  grant  is  not  specified  or 
is  uncertain;  funds  accumulated  in  the  treasury  of  the  state 
for  the  disbursements  of  which  provision  has  not  been  made 
by  law;  the  proceeds  of  the  sale  of  timber,  stone,  minerals  or 
other  property  from  school  and  state  lands  other  than  those 
granted  for  specific  purposes,  and  all  moneys  other  than  rental 
recovered  from  persons  trespassing  on  said  lands;  five  per 
centum  of  the  proceeds  of  the  sale  of  public  lands  lying 
within  the  state,  which  shall  be  sold  by  the  United  States 
subsequent  to  the  admission  of  the  state  into  the  union,  as 
approved  by  section  fifteen  (15)  of  the  act  of  congress  en- 
abling the  admission  of  the  state  into  the  union;  the  principal 
of  all  funds  arising  from  the  sale  of  lands  and  other  property 
which  have  been  and  hereafter  may  be  granted  to  the  state 
for  the  support  of  the  common  schools,  and  such  other  funds 
as  may  be  provided  by  legislative  enactment. 

Sec.    110.    The   interest  accruing  on   said   fund,   together  Exclusively  for 

"^  current  use. 

with  rentals  and  other  revenues  derived  from  lands  and  other 
property  devoted  to  the  common  school  fund,  shall  be  ex- 
clusively applied  to   the  current  use  of  the  common  schools. 

•'       '^  ^  ,  Schools  tree 

All  schools  maintained  or  supported  wholly  or  in  part  by  the  fromsec- 

■^  *  .  tarian  control. 

public  funds  shall  be  forever  free  from  sectarian  control  or 
influence.  All  losses  to  the  permanent  common  school  fund  Loss  of  funds. 
which  shall  be  occasioned  by  defalcation,  mismanagement  or 
fraud  of  the  agent  or  officers  controlling  or  managing  the 
same,  shall  be  audited  by  the  proper  authorities  of  the  state. 
The  amount  so  audited  shall  be  a  permanent  funded  debt 
against  the  state  in  favor  of  the  particular  fund  sustaining 
such  loss,  upon  which  not  less  than  six  per  cent,  annual  in- 
terest shall  be  paid. 

Sec.  111.  In  addition  to  the  provisions  for  the  support  of  ^"t^ux 
common  schools  hereinbefore  provided,  it  shall  be  the  duty 
of  the  state  board  of  equalization,  annually,  at  the  time  of 
levying  tax  for  state  purposes,  to  levy  a  tax  that  shall  be 
sufficient  to  produce  a  sum  which,  when  added  to  the  esti- 
mated amount  of  money  to  be  derived  from  the  interest  on 
the  state  permanent  school  fund  for  the  current  fiscal  year, 
shall  equal  six  dollars  for  each  child  of  school  age  residing  in 
the  state  as  shown  by  the  last  report  of  the  several  county 


52  CODE  OF  PUBLIC  INSTRUCTION. 

superintendents  to  the  superintendent  of  public  instruction: 
Limit  of  tax.  Provided,  That  said  tax  shall  not  exceed  four  mills  on  the 
dollar.  Said  tax  levy  shall  be  certified  to  the  several  county 
auditors  in  the  same  manner  as  other  state  taxes  are  required 
to  be  certified,  and  shall  be  collected  and  transmitted  to  the 
state  treasurer  at  the  same  time  and  in  the  same  manner  as 
other  state  taxes  are  required  to  be  collected  and  transmitted; 
Certificate  to     and  it  shall  be  the  duty  of  the  state  auditor,  within  thirty 

the  su peri  11-  ,  "^ 

ten.ieiitof  pub-  days  after  the  date  at  which  county  treasurers  are  required  to 

lie  instruction.         ''  j  ± 

transmit  state  funds  to  the  state  treasurer,  to  certify  to  the 
superintendent  of  public  instruction  the  amount  of  all  state 
annual  school  funds  in  the  hands  of  the  state  treasurer  sub- 
ject to  apportionment. 
Five  mills  Sec.  112.   The  board  of  directors,  when  in  their  ludgment 

levy  by  the  .  .... 

directors.  it  is  nccessary,  for  the  purpose  of  furnishing  additional  school 

facilities  for  their  district,  or  for  the  payment  of  teachers' 
wages,  or  for  the  building  of  one  or  more  school  houses,  or 
for  the  repairing  of  one  or  more  school  houses,  or  for  the 
building  of  additions  thereto,  or  for  the  purchase  of  fuel, 
supplies,  globes,  maps,  charts,  books  of  reference  or  other 
appliances  or  apparatus  for  teaching,  or  for  any  or  all  of  these 
Voters  may  purposcs,  may  Icvy  a  special  tax  on  the  taxable  property  of 
the  district,  not  to  exceed  ten  mills  on  the  dollar:  Provided, 
That  no  tax  exceeding  five  mills  on  the  dollar  shall  be  levied 
until  such  levy  shall  have  been  ordered  by  a  majority  vote  of 
the  legal  electors  of  the  district,  at  a  special  election  called 
for  that  purpose.  Such  election  shall  be  called  and  conducted 
in  the  manner  provided  for  calling  and  conducting  annual 
school  elections.  At  such  elections  the  ballots  shall  contain 
the  words  "Tax,  yes,"  or  "Tax,  no."  The  officers  of  the 
election  shall  certify  the  result  of  the  election  to  the  clerk  of 
the  district,  who  shall  file  said  certificate  as  a  part  of  his  rec- 
cierk  shall  ords.  Whenever  a  special  tax  is  ordered  to  be  levied,  the 
of  levy  by  Sep- clerk  of  the  district  shall,  on  or  before  the  first  day  of  Sep- 
tember of  the  year  in  which  such  special  tax  is  ordered  to  be 
levied,  make  to  the  county  auditor  a  certified  statement  of  the 
number  of  mills  of  such  special  tax  which  has  been  ordered 
to  be  levied  in  such  district.  The  county  auditor  shall  extend 
the  same  against  all  the  taxable  property  within  such  district, 
upon  the  general  assessment  roll  of  the  county,  showing  the 
amount  and  kind  of  property  so  assessed,  and  to  certify  the 
County  treas-  samc  to  the  couuty  treasurer.  The  county  treasurer  shall 
lect  taxes.         procced  to  collect  the  tax  in  the  same  manner  and  at  the  same 


CODE  OF  PUBLIC  INSTRUCTION.  53 

time  and  with  the  same  power  and  authority  to  enforce  pay- 
ment of  the  same,  as  in  the  case  of  county  and  state  taxes. 
The  county  treasurer  shall  place  any  tax  so  collected  to  the 
credit  of  the  district  to  which  it  belongs. 

Sec.  113.   Except  as  otherwise  provided  by  law,  all  sums  of  Fives.pen- 

*  r  ./  '  allies  and 

money  derived  from  fines  imposed  for  violations  of  orders  of  forfeitures. 

injunction,  mandamus  and  other  like  writs,  or  for  contempt 

of  court,  and  the  clear  proceeds  of  all  fines  collected  within 

the  several  counties  of  the  state  for  breach  of  the  penal  laws, 

and  all  funds  arising  from  the  sale  of  lost  goods  and  estrays, 

and  from  penalties  and  forfeitures,  shall  be  paid  over  in  cash 

by  the  person  collecting  the  same,  within  twenty  days  after 

the  collection,  to  the  county  treasurer  of  the  county  in  which 

the  same  have  accrued,  and  shall  be  by  him  transmitted  to 

the  state  treasurer,  who  shall  place  the  same  to  the  credit  of 

the  general  school  fund.      He  shall  indicate  in  such  entry  the 

source  from  which  such  money  was  derived. 

Sec.  114.   All  school  warrants  shall  be  paid  in  the  order  of  paf^'^how 
their  presentation  to  the  county  treasurer,  and  shall  draw  in- 
terest from   and  after  such  presentation  and  registry:  Pro- 
vided^ That  no  compound  interest  shall  be  paid  directly  or 
indirectly  on  any  of  said  warrants. 

Sec.  115.   No  new  district  formed  by  the  subdivision  of  an  School  in  new 

district. 

old  one  shall  be  entitled  to  any  share  of  public  money  belong- 
ing to  the  old  district  until  a  school  has  actually  been  taught 
one  month  in  the  new  district,  and  unless  within  eight 
months  from  the  order  of  the  county  superintendent  granting 
such  new  district  a  school  is  opened,  the  action  making  a  new  >e\v  district 

.  .  void. 

district  shall  be  void,  and  all  elections  or  appointments  of 
directors  or  clerks  made  in  consequence  of  such  action,  and 
all  rights  and  ofliice  of  parties  so  elected  or  appointed  shall 
cease  and  determine,  and  all  taxes  which  may  have  been  levied 
in  such  old  district  shall  be  valid  and  binding  upon  the  real 
and  personal  property  of  such  new  districts,  and  shall  be  col- 
lected and  paid  into  the  school  fund  of  the  old  district. 

Sec.  116.   When  a  new  district  is  formed  by  the  division  Division 

•'  of  funds. 

of  an  old  one,  it  shall  be  entitled  to  a  just  share  of  the  school 
moneys  to  the  credit  of  the  old  district  after  payment  of  all 
outstanding  debts  at  the  time  when  the  petition  was  granted 
establishing  such  new  district,  and  the  county  superintendent 
shall  divide  such  remaining  moneys,  and  such  as  may  for  the 
current  year  afterward  be  apportioned  to  the  old  district, 
according  to  the  number  of  school  children  resident  ineach 


54  CODE  OF  PUBLIC  INSTRUCTION. 

district,  for  which  purpose  he  shall  order  a  census  to  be  taken: 
Proportion  of    Provided.  That  the  new  district  shall  be  entitled  to  such  pro- 

special  tax.  '  _  _  ' 

portion  of  any  special  tax  levied  and  collected  for  the  year 
in  which  the  new  district  is  created,  as  the  amount  of  such 
tax  paid  by  that  portion  of  the  old  district  which  is  embraced 
in  the  new  bears  to  such  old  district. 


Limit  of 
boiuled  in- 
debtedness. 


Rate  of 
interest. 


Bond  election, 


Notice  of. 


Form  of 

ballots. 


Three-fifths 
vote. 


Chapter  7. —  Bonds. 

Sec.  117.  The  board  of  directors  of  any  school  district  in 
this  state  may  borrow  money  and  issue  negotiable  coupon 
bonds  therefor  to  an  amount  not  to  exceed  five  (.5  )  per  cent, 
of  the  taxable  property  in  such  district,  as  shown  by  the  last 
assessment  roll  for  county  and  state  purposes  :  Provided^ 
That  in  incorporated  cities  the  assessment  shall  be  taken  from 
the  last  assessment  for  city  purposes,  for  the  purpose  of  fund- 
ing outstanding  indebtedness,  or  bonds  heretofore  issued  or 
issued  under  the  provisions  of  this  act,  or  for  the  purchase  of 
pchool  house  site  or  sites,  building  one  or  more  school  houses 
and  providing  the  same  with  all  necessary  furniture  and  ap- 
paratus, or  for  any  or  all  of  these  purposes,  when  authorized 
by  vote  of  the  district  so  to  do,  as  provided  in  section  118  of 
this  act:  Provided  further.  That  the  bonds  so  issued  shall 
bear  a  rate  of  interest  not  to  exceed  ten  (10)  per  cent,  per 
annum,  interest  payable  annually  or  semi-annually,  payable 
and  redeemable  at  such  time  as  may  be  designated  in  the 
bonds,  but  not  to  exceed  twenty  (20)  years  from  the  date  of 
issue. 

Sec.  118.  The  question  whether  bonds  shall  be  issued,  as 
])rovided  in  section  llV  of  this  act,  shall  be  determined  at  an 
election  to  be  held  in  the  manner  prescribed  by  law  for  hold- 
ing special  school  elections.  Notices  therefor  shall  state 
amount  of  bonds  proposed  to  be  issued,  time  they  are  to  run, 
and  purpose  for  which  the  money  is  to  be  used.  The  ballots 
must  contain  the  words,  "Bonds,  yes,"  or  "Bonds,  no."  If 
a  majority  of  the  votes  cast  at  such  election  are  "Bonds,  yes," 
the  board  of  directors  must  issue  such  bonds:  Provided,  That 
if  the  amount  of  bonds  to  be  issued,  together  with  any  out- 
standing indebtedness  of  the  district,  not  to  be  redeemed  with 
the  proceeds  of  said  issue  of  bonds,  exceeds  one  and  one-half 
per  cent,  of  the  taxable  property  in  said  district,  then  three- 
tifths  of  the  votes  cast  at  such  election  must  be  "Bonds,  yes," 
before  the  board  of  directors  are  authorized  to  issue  said 
bonds.     The  bond  shall  be  in  such  form  as  the  board  of  di- 


CODE  OF  PUBLIC  INSTRUCTION.  55 

rectors  may  prescribe,  and  shall,  with  the  coupons,  be  signed 
by  the  board  of  directors  and  countersigned  by  the  clerk  of 
the  school  district. 

Sec.  119.   When  authorized  and  empowered  to  issue  bonds  Directors  shaii 
as  provided  in  sections  111  and  118  of  this  act,  the  board  of  county  " 
directors  shall,  within  thirty  days  after  the  date  of  the  elec- 
tion, certify  the  result  to  the  county  treasurer,  who  shall  im- 
mediately publish  notice  of  the  sale  of  such  bonds  in  at  least  Advertise- 

''    ^  ment  of  sale. 

one  weekly  newspaper  published  at  the  county  seat,  if  there 
be  one,  for  four  consecutive  issues,  and  publish  such  other 
notices  as  the  board  of  directors  may  require.  Said  notices 
must  give  the  amounts  of  bonds  to  be  sold,  the  time  to  run, 
where  payable,  the  option,  if  any,  of  the  district  to  redeem; 
also  naming  the  hour  and  day  for  considering  bids,  and  ask- 
ing bidders  to  name  price  and  rates  of  interest  at  which  they 
will  purchase  such  bonds.  Such  bonds  shall  be  issued  in  de-  Formof  bonda. 
nominations  of  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars  ($1,000),  and  shall  contain  upon  their  face 
the  date  of  issue,  the  series  of  issue,  rate  of  interest,  where 
payable,  time  to  run,  option,  if  any,  of  districts  to  redeem, 
and  the  printed  or  lithographed  statement  that  said  bond  is 
issued  under  the  provisions  of  this  act,  and  that  the  whole 
indebtedness  of  said  district  does  not  exceed  the  constitutional 
limit.  Each  bond  so  issued  must  be  registered  by  the  county  boh.is  regis- 
treasurer  in  a  book  to  be  kept  for  that  purpose,  which  must  c^'nMty\reas- 
fihow  the  number,  and  such  data  as  is  necessary  to  secure  a 
complete  record  of  such  bond,  series,  and  amount  of  each 
bond,  the  person  to  whom  the  same  is  issued,  name  of  the 
district  issuing,  together  with  the  names  of  directors  signing 
the  same;  and  the  said  bond  shall  be  endorsed  by  the  treas- 
urer, with  his  name  and  a  full  statement  of  the  name  of  the 
person  to  whom  and  when  issued,  together  with  the  number 
and  series  of  said  bond. 

Skc.  120.   At  the  time  named  in  said  notice  it  shall  be  the  Saie  of  bonds. 
duty  of  the  said  board  of  directors  to  meet  with  the  county 
treasurer  at  his  office,  and  with   him  open  said  bids  and  sell 
said  bonds  to  the  person  or  persons  making  the  most  advan- 
tageous offer:   Provided.  The  bonds  shall  never  be  sold  below  May  reject 

®  '  .  .  .  bids  and 

par,  and   the  board   of  directors  may  reject  any  and  all   bids,  readvertise. 
and  within  six  months  proceed  to  readvertise  the  sale  of  such 
bonds.     Upon  the  sale  of  bonds  the  board  of  directors  shall, 
within   ten  (10)  days,  or  as  soon   thereafter  as  practicable, 
deliver  the  bonds,  properly  executed,  to  the  county  treasurer, 


56 


CODE  OF  PUBLIC  INSTRUCTION. 


County  treas- 
urer to  deliver 
bonds  and  re- 
ceive proceeds. 


Fees  for  ad- 
vertising. 


Bond  inter- 
est levy. 


Sinking 
fund  levy. 


Redemption 
fund. 


Bond  interest 
paid  from 
special  levy. 


Lithographed 
bonds  and 
coupons. 


Refunding 
of  bonds. 


taking  his  receipt  therefor.  The  county  treasurer  shall,  upon 
payment  of  the  price  agreed  upon,  deliver  the  same  to  the 
person  or  persons  to  whom  sold,  and  place  the  moneys  aris- 
ing from  such  sale  to  the  credit  of  the  special  school  fund  of 
the  said  district.  Fees  for  advertising  shall  be  deducted 
from  the  proceeds. 

Skc.  121.  The  county  commissioners  must  ascertain  and 
levy  annually  the  tax  necessary  to  pay  the  interest  upon  such 
bonds  as  it  becomes  due,  and  at  the  expiration  of  one-half  of 
the  time  for  which  said  bonds  are  to  run,  and  annually  there- 
after until  full  payment  of  said  bonds  is  made,  they  may,  if 
deemed  advisable,  levy,  in  addition  to  the  tax  required  to  pay 
the  interest,  such  amount  for  sinking  fund  to  meet  the  pay- 
ment of  said  bonds  at  maturity,  to  be  determined  by  dividing 
the  amount  of  bonds  outstanding  by  the  remaining  number 
of  years  to  run,  and  the  fund  arising  from  such  levy  shall  be 
kept  as  the  bond  redemption  fund  of  said  district,  and  each 
of  said  tax  levies  shall  be  a  lien  upon  the  property  in  said 
district,  and  must  be  collected  in  the  same  manner  as  taxes 
for  other  school  purposes. 

Sec.  122.  The  county  treasurer  must  pay  out  of  any 
moneys  belonging  to  the  credit  of  the  bond  interest  fund  of 
the  school  district  the  interest  upon  any  bonds  issued  under 
this  act  by  such  school  district  when  the  same  becomes  due, 
and  at  such  place  designated  in  such  coupon,  or  upon  the 
presentation  at  his  office  of  the  same,  which  must  show  the 
amount  due  and  the  number  and  series  of  the  bond  to  which 
it  belongs,  and  all  coupons  so  paid  must  be  immediately  re- 
ported to  the  school  directors. 

Sec.  123.  The  school  directors  of  any  district  must  cause 
to  be  printed  or  lithographed  at  the  lowest  rates,  suitable 
bonds  with  coupons  attached,  when  the  same  become  neces- 
sary, and  pay  therefor  out  of  any  moneys  in  the  county 
treasury  to  the  credit  of  the  school  district. 

Sec.  124.  Whenever  any  school  district  in  this  state  shall 
have  heretofore,  under  any  of  the  acts  of  the  territorial  or 
state  legislature  now  in  force,  issued  any  bonds  for  the  pur- 
chase of  any  school  house  site,  or  the  building  of  any  school 
house,  or  the  furnishing  of  the  same,  and  the  amount  of  the 
said  bonds  so  issued  and  negotiated  shall  not  exceed  the  sum 
of  five  ( 5 )  per  centum  of  the  taxable  property  of  the  said 
school  district,  it  shall  be  lawful  for  the  said  school  district 
to  issue  and  exchange   its  bonds  at  a  rate  of    interest  not 


CODE  OF  PUBLIC  INSTRUCTION.  57 

greater  than  that  borne  by  the  original  issue  of  bonds,  par 
for  par,  without  any  further  vote  of  the  school  district  than 
that  heretofore  had  or  required  by  existing  law  at  the  time  of 
their  issue,  and  said  bonds  shall  in  all  respects  conform  to 
and  be  governed  by  the  other  provisions  of  this  act :  Pro- 
vided,  That  in  cities  of  ten   thousand  population  or  more,  in  cities  of 

,  ij-  T  T  ...  ^,.     10,000  or  more 

whenever  any  bonds  issued  under  the  provisions  of  this  inhabitant*. 
act  shall  reach  maturity  and  shall  remain  unpaid,  the 
board  of  directors  thereof  shall  have  the  power  to 
fund  the  same  by  issuing  coupon  bonds  conformable  to 
the  requirements  of  this  act,  and  exchanging  the  same, 
par  for  par,  for  the  outstanding  bonds  as  aforesaid,  with- 
out any  further  vote  of  the  school  district:  Provided  fur- 
tJier,  That  such  bonds  shall  be  issued  in  denominations   of  penomina- 

'  tions  of  bonds. 

not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  shall  be  redeemable  within  twenty  years  from  date  of 
issue,  and  shall  draw  a  rate  of  interest  not  to  exceed  six  (6) 
per  centum  per  annum. 

Sec.  125.    Every  holder  of  any  of  the  bonds  so  issued  as  Holders  of 

bonds  to  no- 

provided  in  this  act  shall,  within  ten  (10)  days  after  he  shall  tify  coumy 

,  \       /         ./  treasurer. 

become  the  owner  or  holder  thereof,  notify  the  county  treas- 
urer of  the  county  in  which  such  bonds  are  issued  of  his  own- 
ership, together  with  his  full  name  and  postoffice  address, 
and  the  county  treasurer  of  said  county  shall,  in  addition  to  Notice  of  bond 

,,.,,.,  .  .,  redemption. 

the  published  notice  herein  provided  for,  deposit  in  the  post- 
office,  properly  stamped  and  addressed  to  each  owner  or 
holder  of  any  such  bonds  subject  to  redemption  or  payment, 
a  notice  in  like  form,  stating  the  time  and  place  of  the  re- 
demption of  such  bonds  and  the  number  of  the  bonds  to  be 
redeemed,  and  in  case  any  owners  of  bonds  shall  fail  to  notify 
the  treasurer  of  their  ownership  as  aforesaid,  then  a  notice 
mailed  to  the  last  holder  of  such  bonds  shall  be  deemed  suf- 
ficient, and  any  and  all  such  notices  so  mailed  as  aforesaid 
shall  be  deemed  to  be  personal  notice  to  the  holders  of  such 
bonds,  and  at  the  expiration  of  the  time  therein  named  shall 
have  the  force  to  suspend  the  interest  upon  any  such  bonds. 

Sec;.  126.    That   at  any   time  after  the    issuance   of  such  incidental 

•'  _  costs. 

bonds,  and  in  the  discharge  of  the  duties  imposed  upon  said 
county  treasurer,  should  any  incidental  expense,  costs  or 
charges  arise,  the  said  county  treasurer  shall  present  his  claim 
for  the  same  to  the  board  of  directors  of  the  school  district 
issuing  such  bonds,  and  the  same  shall  be  audited  and  paid  in 


58 


CODE  OF  PUBLIC  INSTRUCTION. 


Notice  of  boiul 
redemption. 


Cancellation 
of  bonds. 


Electors  may 
validate  in- 
debtedness 
of  district. 


Resolution 
of  hoard  to 
validate. 


the  same  manner  as  other  services  are  paid  under  the  provis- 
ions of  law. 

Sec.  121.  Whenever  the  amount  of  any  sinking  fund  cre- 
ated under  the  provisions  of  this  act  shall  equal  the  amount, 
principal  and  interest  of  any  bond  then  due,  or  subject  under 
the  pleasure  or  option  of  said  school  district  to  be  paid  or  re- 
deemed, it  shall  be  the  duty  of  the  county  treasurer  of  the 
county  in  which  the  school  district  issuing  such  bonds  is 
located,  to  publish  a  notice  in  the  official  newspaper  of  the 
county,  if  such  a  one  there  be,  and  if  not,  then  in  a  newspaper 
of  general  circulation,  that  the  said  county  treasurer  will, 
within  thirty  (30)  days  from  the  date  of  such  notice,  redeem 
and  pay  any  such  bond  then  redeemable  or  payable,  giving 
priority  according  to  the  date  of  issue  numerically,  and  upon 
the  presentation  of  any  such  bond  or  bonds  the  said  treasurer 
shall  pay  the  same;  and  in  case  that  any  holder  of  such  bond 
or  bonds  shall  fail  or  neglect  to  present  the  same  at  the  time 
mentioned  in  said  notice,  or  in  the  notice  hereinbefore  pro- 
vided for,  then  the  interest  upon  such  bond  or  bonds  shall 
(tease  and  determine,  and  the  treasurer  of  such  county  shall 
thereafter  pay  only  the  amount  of  such  bond  and  the  interest 
accrued  thereon  up  to  the  day  mentioned  in  said  notice. 
When  any  bonds  are  so  redeemed  or  paid,  the  county  treas- 
urer shall  cause  the  same  to  be  fully  canceled,  and  write 
across  the  face  of  such  bonds  the  words  "redeemed,"  with 
the  date  of  redemption,  and  shall  deliver  the  same  to  the 
board  of  directors  of  such  school  district,  taking  the  directors' 
receipt  therefor. 

Chapter  8.— Validation  of  Debts. 

Sec.  128.  Any  school  district  may  validate  and  ratify  the 
indebtedness  of  such  school  district,  incurred  for  strictly 
school  purposes,  when  the  same  does  not  exceed  five  per 
centum  of  the  value  of  the  taxable  property  in  such  school 
district.  The  value  of  taxable  property  in  such  school  dis- 
trict shall  be  ascertained  as  provided  in  article  eight,  section 
six  of  the  constitution  of  the  State  of  Washington. 

Sec.  129.  Whenever  the  board  of  directors  of  any  school 
district  shall  deem  it  advisable  to  validate  and  ratify  the  in- 
debtedness mentioned  in  section  128  of  this  chapter,  they  shall 
provide  therefor  by  resolution,  which  shall  be  entered  on  the 
records  of  such  school  district,  which  resolution  shall  provide 
for  the  holding  of  an  election  for  the  purpose  of  submitting 


CODE  OF  PUBLIC  INSTRUCTION.  59 

the  question  of  validating  and  ratifying  the  indebtedness  so 
incurred  to  the  voters  of  such  school  district  for  approval  or 
disapproval,  and  if  at  such  election  three-fifths  of  the  voters  Three-ftfths 
in  such  school  district  voting  at  such  election  shall  vote  in 
favor  of  the  validation  and  ratification  of  such  indebtedness, 
then  such  indebtedness  so  validated  and  ratified  and  every 
part  thereof  existing  at  the  time  of  the  adoption  of  said  reso- 
lution shall  thereby  become  and  is  hereby  declared  to  be  vali- 
dated and  ratified  and  a  binding  obligation  upon  such  school 
district,  when  the  only  ground  of  the  previous  invalidity  of 
such  indebtedness  so  ratified  and  validated  is  that  at  the  time 
of  the  attempted  incurring  thereof,  the  same,  together  with 
all  other  then  existing  indebtedness  of  such  school  district, 
exceeded  one  and  one-half  per  centum  of  the  taxable  property 
in  such  school  district,  as  provided  in  article  eight,  section 
six  of  the  constitution  of  the  State  of  Washington,  and  that 
such  indebtedness  was  so  attempted  to  be  incurred  without 
the  assent  of  three-fifths  of  the  voters  of  such  school  district 
voting  at  an  election  held  for  that  purpose,  as  required  by 
said  constitution. 

Sec.  130.   At  the  time  of  the  adoption  of  the  resolution  Location 
provided  for  in  section  129  of  this  chapter  the  board  of  direc-  °  '"' 
tors  of  such  district  shall  determine  the  number  and  the  loca- 
tion of  the  places  at  which  polls  shall  be  opened  to  receive 
the  votes  of  the  voters  in  such  district.      Unless   otherwise  Time  of 

dpotion 

provided,  the  polls  shall  be  open  at  one  o'clock  in  the  after- 
noon and  close  at  four  o'clock  in  the  afternoon  of  the  same 
day,  but  the  board  may  determine  on  a  longer  time  during 
which  the  polls  may  be  kept  open,  not  before  one  o'clock  in 
the  afternoon  and  not  later  than  eight  o'clock  in  the  after- 
noon of  the  same  day.  Such  board  shall  appoint  two  voters 
in  such  district  where  the  election  is  to  be  held  to  act  as 
judges  of  such  election,  and  also  one  and  not  more  than  two 
persons  to  act  as  clerks  at  each  voting  place.  Such  clerks 
shall  keep  a  list  of  the  voters  voting  at  such  election,  and 
tally  the  result  under  direction  of  the  judges.  The  judges  Judges  and 
shall  observe  and  cause  to  be  observed  at  such  tfie<  .,  as  far  eienion 
as  the  same  shall  apply,  the  election  laws  of  the  siate  govern- 
ing the  election  of  school  directors.  Should  any  of  the 
judges  so  appointed  be  absent  at  the  opening  of  the  polls, 
the  voters  of  such  district  present  shall  appi)int  a  voter  to  act 
in  place  of  such  absent  judge.  If  the  clerk  or  clerks  of  such 
election  be  absent  at  the  opening  of  the  polls  the  judges  con- 


60  CODE  OF  PUBLIC  ENSTRUCTION. 

ducting  such  election  shall  appoint  one  and  not  exceeding  two 
Oaths admiiiis- persons  to  act  as  clerks  of  such  election.  The  judges  and 
clerks  of  such  election  shall  each  take  and  subscribe  an  oath 
to  faithfully  perform  the  duties  imposed  upon  them  by  law 
in  conducting  such  election,  and  each  of  said  judges  shall 
have  power  to  administer  all  oaths  required  by  this  section, 
each  to  the  other,  and  to  the  clerks,  and  to  all  persons  offer- 
ing to  vote,  when  challenges  are  interposed.  The  clerks  or 
secretaries  of  such  school  district,  or  any  officer  authorized 
by  law  to  administer  oaths,  may  administer  the  oath  required 
to  be  taken  by  such  judges  and  clerks.  If  there  is  not  suffi- 
cient number  of  voters  present  at  the  hour  named  for  the 
opening  of  the  polls  to  fill  vacancies,  occasioned  by  the  ab- 
sence of  judges  or  clerks,  it  shall  be  lawful  to  open  the  polls 
as  soon  thereafter  as  a  sufficient  number  of  electors  are  pres- 
Formof  ent.      Elections   hereunder  shall   be  by   ballot.     The  ballot 

ballots.  •  r     ■  •       1     ^  J 

must  contain  the  words,  "  Validatmg  and  ratifying  indebted- 
ness, yes,"  or  the  words,  "  Validating  and  ratifying  indebt- 
edness, no."  Ballots  containing  the  words,  "Validating  and 
ratifying  indebtedness,  yes,"  shall  be  counted  in  favor  of 
validating  and  ratifying  such  indebtedness,  and  ballots  con- 
taining the  words,  "Validating  and  ratifying  indebtedness, 
no,"  shall  be  counted  against  validating  and  ratifying  such 
certifvinK  re-    indebtedness.     As  soon  as  the  polls  are  closed  at  such  elec- 

siilt  of  election.  ^ 

tion,  the  judges  at  each  polling  place  shall  count  the  votes, 
ascertain  the  result  and  certify  the   same  and   make  return 
thereof,  within  two  days  after  such  election,  to  the  board  of 
directors  of  such  district,  by  depositing  the  same,  together 
with  the  ballots  oast  at  such  election,  with  the  clerk  or  secre- 
tary of  such  board,  and  within  five  days  after  such  election, 
or  as  soon  as  all  the  returns  of  such  election  are  deposited  as 
herein  provided,  the  board  of  directors  of  such  district  shall 
meet  and  canvass  and  declare  the  result,  and  shall  cause  to  be 
Qualifications    entered  a  minute  thereof  on  the  records  of  such  district.    The 
qualifications  of  voters  at  such  election  shall  be  the  same  as 
prescribed  for  the  election  of  school  officers. 
Clerk  to  give         Sec.  131.    At  the  time  of  the  adoption  of  the  resolution 
election.  provided  in  section  129  of  this  chapter,  the  board  of  directors 

shall  direct  the  clerk  or  secretary  of  the  board  to  give  public 
notice  of  the  time,  places  and  purposes  of  such  election. 
Such  clerk  or  secretary  shall  thereupon  cause  written  or 
printed  notices  to  be  posted  in  at  least  five  places  in  such 
school   district,  at  least  twenty  days   before  such   election. 


CODE  OF  PUBLIC  INSTRUCTION.  61 

Said  notices  shall  also  be  published  for  the  same  length  of  Publication 

^  °  of  notice. 

time  in  a  daily  newspaper  printed  and  published  in  such  dis- 
trict, and  if  there  be  no  such  daily  newspaper,  then  in  a 
weekly  newspaper,  published  in  this  state  and  of  general  cir- 
culation in  the  county  where  such  school  district  is  situated, 
in  two  regular  issues  of  such  weekly  newspaper  next  preced- 
ing the  day  of  such  election.     Said  notices  shall  contain  a  Notice  to  con- 

«,  ,.  .,.  .  ^,.,•■1  tain,  what. 

copy  of  the  resolution  mentioned  m  section  129  of  this  chap- 
ter, the  time  of  holding  such  election  and  location  of  polling 
places,  a  statement  of  the  object  of  the  election,  and  the  form 
of  the  ballot  adopted  by  the  board  to  determine  the  question 
submitted  to  the  voters. 

Sec.  132.   If  the  indebtedness  of  such  school  district  is  vali-  Board  may 

issue  bonds. 

dated  and  ratified,  as  provided  in  section  129  of  this  chapter, 
by  three-fifths  of  the  voters  voting  at  such  election,  the  board 
of  directors  of  such  school  district,  without  any  further  vote, 
may  borrow  money  and  issue  negotiable  coupon  bonds  there- 
for to  an  amount  not  to  exceed  the  unpaid  indebtedness  of 
such  school  district  existing  at  the  time  of  the  adoption  of 
the  resolution  mentioned  in  section  129  of  this  chapter,  de- 
ducting from  the  amount  of  such  unpaid  indebtedness  the 
amount  of  all  indebtedness  evidenced  by  negotiable  coupon 
bonds  then  outstanding  against  and  payable  by  such  district. 
Bonds  so  issued  shall  bear  a  rate  of  interest  not  to  exceed  six  Kate  of 

interest. 

per  cent,  per  annum,  interest  payable  semi-annually,  payable 
and  redeemable  at  such  time  and  place  as  designated  in  the 
bonds,  but  not  exceeding  twenty  years  from  date  of  issue. 
The  bonds  and  coupons  shall  be  in  such  form  as  the  board  of 
directors  shall  prescribe,  and  payable  at  such  place  as  may  be 
designated  therein.  In  all  school  districts,  except  in  cities  of 
ten  thousand  or  more  inhabitants,  said  bonds,  with  the 
coupons,  must  be  signed  by  the  board  of  directors  and 
countersigned  by  the  clerk  of  the  school  district.      In  school  '"^'^'*°'' 

Y         .   .  10,000  or  more 

districts  in  cities  of  ten  thousand  or  more  inhabitants  said  iniiabitanu. 
bonds,  with  the  coupons,  must  be  signed  in  the  corporate 
name  of  the  district,  by  the  president  of  the  board  of  direc- 
tors thereof,  and  attested  by  the  secretary  of  the  board.  The  seai  of  district, 
seal  of  said  district,  if  such  district  has  a  seal,  shall  be  af- 
fixed to  each  bond  by  the  secretary  thereof.  The  moneys 
arising  from  the  sale  of  coupon  bonds  issued  under  this  chap- 
ter shall  be  placed  by  the  treasurer  of  the  county  in  a  special 
fund   to  the  credit  of  such  school  district,  and  out  of  such  indebtedness, 

how  paid. 

fund  shall  be  paid  the  indebtedness  of  such  school  district  ex- 


62 


CODE  OF  PUBLIC  INSTRUCTION. 


Amount  of 
bonds  to 
be  issned. 


County  treas- 
urer shall  ad- 
vertise sale. 


Interest  not 
to  exceed  6 
per  cent. 


One  per  cent, 
deposit. 


Warrants 
exchanged 
for  bonds. 


County  treas- 
user  notified 
of  result 
of  election. 


isting  at  the  time  of  the  adoption  of  the  resolution  mentioned 
in  section  129  of  this  chapter,  not  evidenced  by  negotiable 
coupon  bonds. 

Sec.  133.  When  authorized  and  empowered  to  issue  bonds, 
as  provided  in  section  132  of  this  chapter,  the  board  of  di- 
rectors of  such  district  shall,  at  a  meeting  of  such  board,  de- 
termine by  resolution  the  amount  of  bonds  to  be  issued,  not 
exceeding,  however,  the  unpaid  indebtedness  of  such  district 
after  deducting  the  bonded  indebtedness  existing  at  the  time 
of  the  adoption  of  the  resolution  mentioned  in  section  129  of 
this  chapter,  and  shall  deliver  a  copy  of  said  resolution  to  the 
county  treasurer  of  the  county  in  which  such  school  district 
is  situated,  who  shall  immediately  advertise  for  sale  said 
bonds,  and  the  law  relating  to  other  bonds  shall  govern,  con- 
trol and  apply  to  bonds  issued  or  sold  under  this  chapter,  ex- 
cept that  bonds  issued  under  this  chapter  shall  not  bear  a 
greater  rate  of  interest  than  six  per  cent,  per  annum,  and  they 
may  be  sold  in  such  amounts  or  blocks  as  the  board  of  di- 
rectors may  direct,  and  such  board  may  also  require  all  per- 
sons bidding  for  said  bonds,  except  the  State  of  Washington, 
to  deposit  one  per  cent,  of  the  par  value  of  the  bonds  bid  for 
on  depositing  with  the  treasurer  their  bids,  and  if  the  bidder 
fails  to  take  and  pay  for  the  bonds  for  which  he  bid,  in  case 
of  their  sale  to  him,  the  amount  so  deposited  shall  he  for- 
feited to  the  school  district,  otherwise  to  be  returned  to  such 
bidder,  and  a  resale  of  such  bonds  so  refused  to  be  taken  may 
be  made  as  if  the  bid  for  the  same  had  been  rejected,  and  the 
money  arising  from  the  sale  of  the  bonds  issued  under  this 
chapter  shall  be  applied  as  provided  in  section  132  of  this 
chapter. 

Sec.  134.  If  bonds  issued  under  this  chapter  are  not  sold 
as  herein  provided,  the  holders  of  unpaid  warrants  drawn  on 
the  county  treasurer  by  such  district  for  an  indebtedness  ex- 
isting at  the  time  of  the  adoption  of  the  resolution  mentioned 
in  section  129  of  this  chapter,  may  exchange  said  warrants  at 
the  face  value  thereof  and  accrued  interest  thereon  for  coupon 
bonds  issued  under  this  chapter,  at  not  less  than  par  value  and 
accrued  interest  of  such  bonds  at  the  time  of  the  exchange; 
such  exchange  to  be  made  under  such  regulations  as  may  be 
provided  by  the  board  of  directors  of  such  district. 

Sec.  135.  When  the  board  of  directors  shall  have  canvassed 
and  declared  the  result  of  the  election  as  prescribed  in  section 
130  of  this  chapter,  it  shall,  if  the  same  shall  have  been  in 


CODE  OF  PUBLIC  INSTRUCTION.  63 

favor  of  validating  and  ratifying  the  indebtedness,  immedi- 
ately cause  to  be  sent  to  the  county  treasurer  of  the  county 
in  which  such  district  is  situated,  notice  of  the  result  of  the 
election,  and  all  moneys  then  or  thereafter  in  the  hands  of  after^^lifed^ 
such  treasurer  belonging  to  such  district,  arising  from  the  e^penglg*^ 
annual  tax  levy  or  from  fines  or  other  sources  for  the  support 
and  maintenance  of  common  schools  in  such  district,  shall  be 
applied  only  to  the  payment  of  interest  on  the  bonded  indebt- 
edness and  to  the  current  expenses  of  such  school  district 
incurred  after  the  adoption  of  the  resolution  mentioned  in  sec- 
tion 129  of  this  chapter,  and  shall  not  be  used  for,  or  applied 
to,  the  payment  of  any  indebtedness  of  such  district  existing 
before  the  adoption  of  said  resolution,  except  interest  on  tbe 
bonded  indebtedness.     The  annual  expense  of  such  district  umit  of  an- 

'■  nual  expense. 

shall  not  thereafter  exceed  the  annual  revenue  thereof,  and 
any  officer  of  such  district  who  shall  knowingly  aid  in  in- 
creasing the  annual  expenditure  in  excess  of  the  annual 
revenue  of  such  district,  shall  be  deemed  to  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars.  If  the  indebtedness  of  such  school  dis- 
trict, excluding  the  bonded  indebtedness  existing  before  the 
adoption  of  said  resolution,  is  not  extinguished  by  the  ex- 
change of  warrants  for  bonds,  or  by  the  proceeds  of  the 
sale  of  bonds,  as  herein  provided,  then  it  shall  be  the  duty 
of  the  board  of  directors,  thirty  days  before  the  regular  an- 
nual tax  levy,  to  certify  the  amount  of  such  indebtedness 
remaining  unpaid  to  the  board  of  county  commissioners  of 
the  county  in  which  such  school  district  is  situated,  and 
said  board  of  county  commissioners,  at  the  time  of  making 
the  regular  annual  tax  levy,  shall  annually  levy  a  special  J,^1"J|o^e°™" 
tax  on  the  taxable  property  of  the  district  not  to  exceed  three  shall  levy  for 

it  •'  rem  ai  n  i  n  g^ 

mills  on  the  dollar  on  the  valuation  of  such  taxable  property,  i"/ree''mn'w"^ 
which  shall  be  collected  as  other  taxes  are  collected,  and  the 
proceeds  of  such  tax  shall  be  a  special  fund  for  the  payment 
of  the  indebtedness  of  such  district,  not  included  in  bonds, 
existing  at  the  time  of  the  adoption  of  the  resolution  men- 
tioned in  section  129  of  this  chapter. 

Chapter  9. —  Certification  of  Teachers. 

ARTICLE   I. —  classification    OF   CERTIFICATES. 

Sec.   136.    Nothing  in  this  act  shall   be  construed   to  in-  vaiiriatinK 

,.  -.     ,  ...  .^     certificateM 

validate  the  life  diplomas  or  the  state  or  territorial  certin- andcontracu. 
cates  granted  under  the  laws  of  the  Territory  of  Washington, 


64 


CODE  OF  PUBLIC  INSTRUCTION. 


or  of  the  State  of  Washington,  but  the  same  shall  continue  in 
effect  the  same  as  life  diplomas  and  state  certificates  granted 
under  the  provisions  of  this  act,  and  all  county  certificates 
heretofore  granted  by  any  county  board  of  examiners  shall 
continue  in  full  force  and  effect  until  the  expiration  thereof; 
and  any  contract  made  in  good  faith  by  any  teacher,  school 
officer,  or  other  person,  under  the  provisions  of  the  territorial 
or  state  school  laws,  is  hereby  recognized  as  a  valid  contract, 
the  same  as  if  made  under  the  provisions  of  this  act. 

Sec.  137.  The  teachers'  certificates  issued  by  authority 
of  the  State  of  Washington,  and  entitling  the  holder  thereof 
to  teach  in  the  schools  of  the  state  shall  consist  of  — 
Life  diplomas.  Fivst:  Life  diplomas.  Valid  during  the  life  of  the  holder, 
and  state  certificates,  valid  for  five  years  from  the  date  of 
issue;  said  life  diplomas  and  state  certificates  shall  be  issued 
by  the  superintendent  of  public  instruction  on  the  authority 
of  the  state  board  of  education:  Provided,  That  state  certifi- 
cates may,  upon  application  and  without  examination,  be  re- 
newed, or  a  life  diploma  be  authorized  in  lieu  thereof  by  the 
state  board  of  education. 

Second:  First  grade  common  school  certificates,  valid  for 
a  period  of  five  years  from  date  of  issue;  second  grade  com- 
mon school  certificates,  valid  for  two  years  from  date  of  issue; 
third  grade  common  school  certificates,  valid  for  one  year 
from  date  of  issue.  Said  first  grade  certificates,  second  grade 
certificates  and  third  grade  certificates  shall  be  issued  by  the 
superintendent  of  public  instruction,  as  provided  by  law. 

Third:  Temporary  certificates  may  be  issued,  as  provided 
by  law,  by  any  county  superintendent,  entitling  the  holder 
thereof  to  teach  in  any  common  school  of  the  county  wherein 
the  same  is  issued  until  the  next  regular  examination  of  teach- 
ers; whereat,  if  the  applicant  take  the  examination  for  certifi- 
cation, the  county  superintendent  may  extend  the  same  until 
it  shall  have  been  determined  whether  a  certificate  is  to  be 
issued  to  the  applicant  in  accordance  therewith. 

Fourth:  Special  certificates  may  be  issued  without  ex- 
amination by  the  county  superintendent  to  teachers  of  music, 
languages  other  than  English,  drawing  and  painting,  manual 
training  and  penmanship,  upon  the  application  of  any  board 
of  directors,  which  certificate  shall  entitle  the  holder  thereof 
to  teach  the  subject  therein  named  in  any  school  of  the  dis- 
trict under  the  control  of  said  board  of  directors,  until  re- 
voked for  cause:  Provided,  That  the  county  superintendent, 


state  oer- 
tiflcates. 


First,  second 
and  third 
grade  cer- 
tificates. 


Temporary 
certificates. 


Special 
certificates 


CODE  OF  PUBLIC  INSTRUCTION.  65 

before  issuing  the  same,  shall  receive  satisfactory  evidence  of 
the  applicant's  fitness  to  teach  the  subject  named  in  the  cer- 
tificate. 

ARTICLE  II. DIPLOMAS  AND    STATE   CEKTIFICATES. 

Sec.  138.  State  certificates  shall  be  granted  to  such  appli-  ^g^^^^^ 
cants  only  as  shall  file  with  the  board  satisfactory  evidence 
of  having  taught  successfully  twenty-seven  months,  at  least 
nine  of  which  shall  have  been  in  the  public  schools  of  this 
state.  The  applicant  must  pass  a  satisfactory  examination 
in  all  the  branches  required  for  first  grade  common  school 
certificates,  also  plane  geometry,  geology,  botany,  zoology, 
civil  government,  psychology,  history  of  education,  bookkeep- 
ing, composition  and  general  history;  or  file  with  the  board  a 
certified  copy  of  a  diploma  from  some  state  normal  school,  or 
normal  department  of  university  of  Washington,  or  of  a  state 
or  territorial  certificate  from  a  state  or  territory,  the  require- 
ments to  obtain  which  shall  not  have  been  less  than  those  re- 
quired by  this  act.  Life  diplomas  shall  be  granted  to  such  Life  diplomas, 
applicants  only  as  shall  file  with  the  board  satisfactory  evi- 
dence that  they  have  taught  successfully  for  ninety  months, 
not  less  than  fifteen  of  which  shall  have  been  in  the  public 
schools  of  this  state.  In  other  respects  the  requirements 
shall  be  the  same  as  those  for  state  certificates.     The  fee  for  Fees  for 

,,,  T»        TCT1  certificates. 

State  certificates  shall  be  three  dollars,  and  for  life  diplomas, 
five  dollars.  Said  fees  must  be  deposited  with  the  applica- 
tion, and  cannot  be  refunded  to  the  applicant  unless  the  ap- 
plication be  withdrawn  before  it  has  been  considered  by  the 
board.     Said  fees  shall  be  paid  into  the  state  treasury. 

Sec.  139.  The  state  board  shall  also  have  power  to  g^'^nt  ^^«*e  certifi-^^ 
state  certificates  without  examination  to  all  applicants  who  examination, 
are  graduates  of  a  regular  four  year  collegiate  course  of  the 
university  of  Washington,  the  agricultural  college  and  school 
of  science,  or  of  other  reputable  institutions  of  learning 
whose  requirements  of  graduation  are  equal  to  the  require- 
ments of  the  university  of  Washington:  Provided,  That  the 
applicant  shall  file  with  the  board  a  certified  copy  of  his 
diploma  and  a  copy  of  the  course  of  study  for  the  year  in 
which  he  graduated:  Provided  further,  That  the  applicant 
shall  pass  a  satisfactory  examination  before  the  state  board 
of  education  in  theory  and  practice  of  teaching,  psychology 
and  history  of  education,  and  shall  file  with  the  board  satis- 
factory evidence  of  having  taught  successfully  for  twenty- 
—5 


ee 


CODE  OF  PUBLIC  INSTRUCTION. 


seven  months,  at  least  nine  of  which  shall  have  been  in  the 
public  schools  of  this  state. 


County 
examinations. 


Requirements 
for  certificates. 


Examination 
fee  paid  into 
institute  fund. 


Papers  for- 
warded to 
state  super- 
intendent. 


ARTICLE  III. COMMON    SCHOOL   CERTIFICATES. 

Sec.  140.  There  shall  be  held  at  the  county  seat  of  each 
county  on  the  second  Thursday  of  the  months  of  February, 
May,  August  and  November  of  each  year  an  examination  of 
applicants  for  teachers'  certificates,  which  examination  shall 
be  conducted  by  the  county  superintendent  according  to  the 
rules  and  regulations  of  the  state  board  of  education:  J*ro- 
vided,  That  in  case  of  the  sickness  or  disability  of  the  super- 
intendent he  may  appoint  a  suitable  teacher  or  teachers  to 
assist  or  to  conduct  the  same,  subject  to  the  same  laws,  rules 
and  regulations  as  himself,  and  the  county  superintendent 
shall  in  reporting  the  examination  to  the  superintendent  of 
public  instruction,  as  hereinafter  provided,  forward  such  ap- 
pointment in  writing. 

Sec.  141.  All  applicants  at  the  examination  mentioned  in 
the  preceding  section  shall  be  at  least  seventeen  years  of  age, 
and  shall  be  examined,  according  to  the  rules  and  regulations 
of  the  state  board  of  education,  in  reading,  penmanship, 
orthography,  written  and  mental  arithmetic,  geography,  Eng- 
lish grammar,  physiology  and  hygiene,  history  and  constitu- 
tion of  the  United  States,  school  law  and  constitution  of  the 
State  of  Washington,  and  the  theory  and  art  of  teaching;  but 
no  person  shall  receive  a  first  grade  certificate  who  does  not 
pass  a  satisfactory  examination  in  the  additional  branches  of 
physics,  English  literature  and  algebra,  and  who  does  not 
present  satisfactory  written  evidence  of  having  taught  suc- 
cessfully one  school  year  of  nine  months. 

Sec.  142.  Each  applicant  before  taking  the  examination  for 
a  certificate,  or  upon  application  for  a  renewal,  shall  pay  to 
the  county  superintendent  the  sum  of  one  dollar,  and  shall 
receive  a  receipt  therefor.  The  fees  so  received  by  the  super- 
intendent shall  in  no  case  be  returned  to  the  applicant,  but 
shall  be  paid  to  the  county  treasurer  to  the  credit  of  the  in- 
stitute fund. 

Sec.  143.  The  county  superintendent  shall  within  three 
days  of  the  close  of  said  examination  forward  to  the  superin- 
tendent of  public  instruction,  in  accordance  with  his  direc- 
tions, all  the  papers  written  at  said  examination  and  relating 
thereto,  including  a  complete  list  of  all  applicants  thereat, 
with  their  postoflice  addresses,  and  also  a  receipt  from  the 


CODE  OF  PUBLIC  INSTRUCTION.  67 

county  treasurer  for  the  fees  collected  at  the  examination  as 
herein  provided. 

Sec.  144.  The  holder  of  a  first  grade  certificate  who  shall  ua'^^l'^^aVbr 
present  to  the  superintendent  of  public  instruction  evidence  »"enewed. 
of  having  taught  successfully  twenty-four  school  months  dur- 
ing the  time  said  certificate  has  been  in  force  may  have  his 
certificate  renewed  without  further  examination,  which  re- 
newal shall  be  endorsed  thereon  by  the  superintendent  of 
public  instruction,  upon  its  presentation,  for  a  like  term  of 
five  years:  Provided,  That  such  renewed  certificate  shall  lapse 
upon  the  failure  of  its  holder  to  teach  for  a  period  of  two 
consecutive  school  years. 

Sec.  145.   All  applicants  for  certificates  who  shall  attain  Applicants 

'■  ^  ,  may  pass 

the  required  percentage  in  eight  of  the  designated  subjects,  in  part  of 
but  not  in  all,  shall  be  credited  for  those  subjects  in  which 
they  shall  have  passed,  and,  upon  passing  the  required  per- 
centages in  the  remaining  subjects  at  the  next  subsequent  ex- 
amination, shall  receive  a  certificate  in  accordance  with  the 
result  of  both  examinations:  Provided,  That  this  shall  not  be 
construed  as  applying  to  those  passing  for  a  third  grade  cer- 
tificate. 

Sec.  146.  Any  teacher  to  whom  a  certificate  has  been 
granted  by  any  county  board  of  examiners  in  this  state,  or  by 
lawful  examiners  in  any  other  state  or  territory,  the  require- 
ments to  obtain  which  shall  not  have  been  less  than  the  re- 
quirements to  obtain  a  certificate  in  this  state,  or  any  teacher 
holding  a  diploma  or  certificate  of  graduation  from  any  state 
or  territorial  normal  school,  or  from  the  normal  department 
of  the  university  of  the  State  of  Washington,  may  present 
the  same,  or  a  certified  copy  thereof,  to  the  county  superin- 
tendent of  any  county  in  this  state  where  said  teacher  desires 
to   teach,  and  it  shall  be  the  duty   of  said  county  superin- po""V' *'1'P'"" 

'  ''  J  r  intendents 

tendent,  upon  such  evidence  of  fitness  to  teach,  to  grant  to  ""*>'  ^"'"^"'^ 

'      '^  '  o  temporary 

said  person  a  temporary  certificate:  Provided,  That  the  pro-  certificates. 
visions  of  this  clause  shall  apply  only  to  such  teachers  as  were 
not  residents  of  the  county  at  the  time  of  the  last  preceding 
examination,  or  were  not  able,  by  reason  of  sickness  or  other 
unavoidable  cause,  to  attend  said  examination:  And 2yrovided 
further,  That  the  county  superintendent  may  require  of  such 
a  person  a  written  statement  of  such  facts,  verified  by  affidavit. 

ARTICLE   IV. —  GENERAL   PROVISIONS. 

Sec.  147.   All  certificates  issued  by  the  superintendent  of  Registration 

,  of  certiflcates. 

public  instruction  shall  be  valid  and  entitle  the  holder  thereof 


68 


CODE  OF  PUBLIC  INSTRUCTION. 


Revocation. 


Annual 
election. 


Special 
elections. 


Clerk  must 
give  ten 
days'  notice. 


Polls  must  be 
open,  when. 


to  teach  in  any  county  of  the  state  upon  being  registered  by 
the  county  superintendent  thereof,  which  fact  shall  be  evi- 
denced by  him  on  the  certificate  in  the  words,  "Registered 

for  use  in county,"  together  with  the  date  of  registry 

and  his  official  signature:  Provided,  That  a  copy  of  the  origi- 
nal certificate  or  diploma  duly  certified  by  the  superintendent 
of  public  instruction  may  be  used  for  the  purpose  of  registry 
and  endorsement  in  lieu  of  the  original. 

Sec.  148.  Any  certificate  named  in  this  act  may  be  revoked 
by  the  authority  entitled  to  grant  the  same  upon  the  deter- 
mination of  sufficient  cause,  after  the  holder  thereof  shall  have 
been  given  an  opportunity  of  being  heard. 

Chapter  10.— Elections  and  Meetings, 
article  i. —  general  elections. 

Sec.  149.  The  election  of  district  directors  and  clerks  shall, 
except  as  otherwise  provided  by  law,  be  held  on  the  second 
Saturday  in  June  of  each  year,  at  the  district  school  house, 
if  there  be  one,  or  if  there  be  none  or  if  more  than  one,  then 
at  a  place  to  be  designated  by  the  board  of  directors.  Special 
school  elections  shall  be  called  and  conducted  in  the  manner 
provided  for  calling  and  conducting  annual  elections. 

Sec  150.  The  district  clerk  must  give  at  least  ten  days' 
notice  of  such  school  election,  by  posting  or  by  causing  to  be 
posted,  written  or  printed  notices  thereof  in  at  least  three 
public  places  in  the  district,  one  of  which  must  be  the  place 
of  holding  the  election.  Said  notice  must  designate  the  place 
of  holding  the  election,  day  of  holding  the  election,  hours 
between  which  the  polls  are  to  be  kept  open,  names  of  offices 
for  which  persons  are  to  be  elected,  and  terms  of  office,  with 
a  statement  of  any  other  questions  which  the  board  of  direct- 
ors may  desire  to  submit  to  the  electors  of  said  district. 
Notices  must  be  signed  by  the  district  clerk  "By  order  of  the 
board  of  directors."  Unless  otherwise  designated  in  the 
notice  of  election,  the  polls  shall  be  open  at  one  o'clock  in 
the  afternoon  and  close  at  four  o'clock  in  the  afternoon,  but 
the  board  of  directors  may,  previous  to  giving  notice  of  elec- 
tion, determine  on  an  hour  before  one  o'clock,  but  not  earlier 
than  nine  o'clock  in  the  forenoon  for  opening  the  polls,  and 
for  closing  an  hour  after  four  o'clock,  but  not  later  than 
eight  o'clock  in  the  afternoon.  In  no  case  shall  the  polls  be 
open  before  the  hour  named  in  the  notice,  nor  kept  open  after 
the  hour  fixed  for  closing  the  polls,  but  if  there  is  not  a  suffi- 


CODE  OF  PUBLIC  INSTRUCTION.  69 

cient  number  of  electors  present  at  the  hour  named  for  open- 
ing the  polls  to  constitute  a  board  of  election,  it  shall  be 
lawful  to  open  the  polls  as  soon  thereafter  as  a  sufficient 
number  of  electors  is  present:    Provided,  That  in  cities  and  J"i:j''<^^*'*" 

^  '  10,000  or  more 

incorporated  towns  the  polls  shall  open  not  later  than  one  i"iiabitanu. 
o'clock   in   the   afternoon   and   close  not  earlier   than  eight 
o'clock  in  the  afternoon. 

Sec.  151.  At  the  hour  fixed  for  opening  the  polls  the  elect-  Election 
ors  present  shall  select  two  electors  to  act  as  judges  of  the 
election  and  one  elector  to  act  as  clerk  of  the  election,  and 
the  three  selected  shall  constitute  the  election  board;  and  no 
election  shall  be  held  unless  an  election  board  is  so  consti- 
tuted and  qualified.     The  iudges  and  clerk  aforesaid  shall.  Election 

^.  .  .  officers  must 

before  entering  upon  the  duties  of  their  office,  severally  take  take  oath. 
and  subscribe  an  oath  or  affirmation  faithfully  to  discharge 
the  duties  as  such  officers  of  the  election,  said  oath  or  affirma- 
tion to  be  administered  by  any  school  officer  or  other  person 
authorized  to  administer  oaths.  The  judges  shall,  before 
they  commence  receiving  ballots,  cause  to  be  proclaimed 
aloud  at  the  place  of  voting  that  the  polls  are  now  open. 

Sec.  152.    The   voting   shall    be   by  ballot.     The    ballots  Form  of  ballot, 
shall  be  a  paper  ticket  containing  the  names  of  the  persons 
for  whom  the  electors  intend   to  vote,  and  designating   the 
office  to  which  such  person  so  named  is  intended  by  him  to 
be  chosen.      Whenever  any  person  offers  to  vote,  one  of  the  votes 

.  .  .     received. 

judges  shall  pronounce  his  name  in  an  audible  voice,  and  if 
there  be  no  objections  to  the  qualification  of  such  person  as 
an  elector,  he  shall  receive  the  ballot  in  the  presence  of  the 
election  board  and  deposit  the  same  without  being  opened  or 
examined  in  the  ballot  box,  and  the  clerk  shall  immediately 
enter  the  name  upon  the  list  headed  "Names  of  voters." 

Sec.  153.  Every  person,  male  or  female,  over  the  age  of  ^^f"*J,'f^^"°"^ 
twenty-one  years,  who  shall  have  resided  in  the  school  dis- 
trict for  thirty  days  immediately  preceding  any  school  elec- 
tion, and  in  the  state  one  year,  and  is  otherwise,  except  as  to 
sex,  qualified  to  vote  at  any  general  election,  shall  be  a  legal 
voter  at  any  school  election,  and  no  other  person  shall  be  al- 
lowed to  vote:  Provided,  That  in  cities  and  towns  and  voting  Reeistration 

,  .    ,        ,  .  .  r  -11  ^^  voters. 

precincts  in  which  the  registration  of  voters  is  by  law  pro- 
vided for,  there  shall  be  made  a  separate  registry  of  female 
voters  entitled  to  vote  at  school  elections,  and  in  such  dis- 
tricts the  law  applying  to  elections  shall  be,  so  far  as  regis- 
tration is  concerned,  in  force  and    effect.      Persons  offering 


70 


CODE  OF  PUBLIC  INSTRUCTION. 


Closing  polls. 


Canvass  of 
returns. 


Challenge*.  to  vote  may  be  challenged  by  any  legally  qualified  school 
elector  of  the  district,  and  one  of  the  judges  of  election  shall 
thereupon,  before  receiving  his  vote,  administer  to  the  person 
challenged,  an  oath  in  substance  as  follows:  "You  do  swear 
(or  aflfirm)  that  you  are  a  citizen  of  the  United  States,  or 
have  declared  your  intention  to  become  such;  that  you  are 
twenty-one  years  of  age,  according  to  your  information  and 
belief,  and  that  you  have  resided  in  this  district  thirty  days 
next  preceding  this  election,  and  in  the  state  one  year,  and 
that  you  have  not  voted  before  on  this  day."  If  he  shall  re- 
fuse to  take  the  oath,  his  vote  shall  be  rejected.  Any  person 
guilty  of  illegal  voting  shall  be  punished  as  provided  in  the 
general  election  laws  of  the  state. 

Sec.  154.  When  the  polls  are  closed,  proclamation  thereof 
shall  be  made  at  the  place  of  voting,  and  no  vote  shall  after- 
ward be  received.  As  soon  as  the  polls  are  closed,  the  judges 
shall  open  the  ballot  box  and  commence  counting  the  votes, 
and  in  no  case  shall  the  ballot  box  be  removed  from  the  room 
in  which  the  election  is  held  until  all  the  votes  are  counted. 
The  counting  shall  be  in  public.  The  ballots  shall  be  taken 
out  one  by  one,  by  one  of  the  judges,  who  shall  open  them 
and  read  aloud  the  name  of  each  person  contained  therein, 
and  the  office  for  which  such  person  was  voted  for.  The 
clerk  shall  write  down  each  office  to  be  filled  and  the  name  of 
.such  person  voted  for  for  such  office,  and  shall  keep  the  num- 
ber of  votes  by  tallies  as  they  are  read  aloud  by  one  of  the 
judges.  The  counting  of  the  votes  shall  continue  without 
adjournment  until  all  the  votes  are  counted.  No  ticket  shall 
be  rejected  on  account  of  form  or  mistake  in  the  initials  or 
spelling  of  names,  if  the  judges  can  determine  to  their  satis- 
faction the  person  voted  for  and  the  office  intended.  After 
the  result  of  the  election  is  duly  canvassed  and  officially  de- 
cierks  forward  clared,  the  clerk  of  election  shall  forward  the  poll  sheet 
counV^siiper-    thereof  to  the  county  superintendent,  who  shall  preserve  the 

intendent.  ,,,      .      ,  .         ,^ 

same  on  tile  in  his  omce. 
Certificates  Sec.  155.   Pcrsons    having   the    highest    number  of   votes 

of  election.  "^  '^ 

given  for  each  office  shall  be  declared  duly  elected,  and  the 
clerk  of  election  shall  immediately  make  out  and  deliver  to 
each  person  so  elected  a  certificate  of  election.  The  clerk  of 
election  shall  also  make  out  a  certificate  showing  the  persons 
elected  to  each  office  at  such  election,  with  oaths  of  office  of 
persons  elected  attached,  and  mail  such  certificate  and  oaths 
to  the  county  superintendent  of  schools  of  the  county  in  which 


Imperfect 
ballots. 


CODE  OF  PUBLIC  INSTRUCTION.  71 

the  election  is  held.  If  two  persons  have  an  equal  and  high-  Tie  votes, 
est  number  of  votes  for  one  and  the  same  office,  they  shall, 
within  ten  days  after  the  election,  appear  before  the  clerk  of 
election  of  said  district  and  publicly  decide  by  lot  which  of 
the  persons  so  having  an  equal  number  of  votes  shall  be  de- 
clared elected,  and  the  clerk  of  election  shall  make  out  and 
deliver  to  the  person  thus  declared  elected  a  certificate  of  his 
election,  and  notify  the  county  superintendent  of  the  county 
as  before  provided.  If  the  persons  above  named  do  not, 
within  ten  days  after  election,  thus  decide,  the  office  shall  be 
declared  vacant  by  the  clerk  of  election,  and  the  county 
superintendent  shall,  when  notified  of  the  vacancy,  fill  the 
same  by  appointment. 

ARTICLE   11.  —  SPECIAL   MEETINGS. 

Sec.  156.   Any  board  of   directors  may,  in  its  discretion,  Special 
and  shall,  upon  a  petition  of  the  majority  of  the  legal  voters  ^^ 

of  their  district,  call  a  special  meeting  of  the  voters  of  the 
district,  to  determine  the  length  of  time  in  excess  of  the  mini- 
mum length  of  time  prescribed  by  law  that  school  shall  be 
maintained  in  the  district  during  the  school  year;  to  determine 
whether  or  not  the  district  shall  purchase  any  school  house 
site  or  sites,  and  to  determine  the  location  thereof;  or  to  de- 
termine whether  or  not  the  district  shall  build  one  or  more 
school  houses;  or  to  determine  whether  or  not  the  district 
shall  sell  any  real  or  personal  property  belonging  to  the  dis- 
trict, borrow  money,  or  establish  and  maintain  a  school  dis- 
trict library. 

Sec.  157.   All  such  special  meetings  shall  be  held  at  the  Elections  at 
school  house,  if  there  be  one,  or  if  there  be  none  or  more  than  hmise.*"" 
one,  then  at  such  school  house  or  place  as  the  board  of  direct- 
ors may  determine.     At  least  ten  days'  notice  of  such  special  cierk  to 

.  .        .  .  give  ten 

meeting  shall  be  given  by  the  district  clerk,  in  the  manner  days'  notice, 
that  notice  is  required  to  be  given  of  the  annual  school  elec- 
tion, which  notice  shall  state  the  object  or  objects  for  which 
the  meeting  is  to  be  held,  and  no  other  business  shall   be 
transacted  at  such  meeting  than  such  as  is  specified  in  the 
notice.     The  district  clerk  shall  be  clerk  of  the  meeting,  and 
the  chairman  of  the  board  of  directors  or,  in  his  absence,  the 
senior  director  present,   shall   be  chairman  of  the  meeting: 
Provided,  That  in  the  absence  of  one  or  all  of  said  officers.  Ejection 
the  qualified  electors  present  may  elect  a  chairman  or  clerk,  °^^^^- 
or  both  chairman  and  clerk,  of  said  meeting  as  occasion  may 


72 


CODE  OF  PUBLIC  INSTRUCTION. 


Recx)rd8  of. 


Directors  to 
carry  out  vote. 


For  disclosing 

examination 

questions. 


For  failure  of 
county  super- 
intendent to 
make  report. 


For  failure 
to  pay  over 
money. 


For  failure  of 
directors  to 
enforce  teach- 
ing of  hygiene. 


require,  from  among  their  number.  The  clerk  of  the  meeting 
shall  make  a  record  of  the  proceedings  of  the  meeting,  and 
when  the  clerk  of  such  meeting  has  been  elected  by  the  quali- 
fied voters  present,  he  shall  within  ten  days  thereafter,  file 
the  record  of  the  proceedings,  duly  certified,  with  the  clerk 
of  the  district,  and  said  record  shall  become  a  part  of  the 
records  of  the  district,  and  be  preserved  as  other  records. 

Sec.  158.  It  shall  be  the  duty  of  every  board  of  directors 
to  carry  out  the  directions  of  the  electors  of  their  districts  as 
expressed  at  any  such  meeting. 

Chapter  11. — Penalties. 

Sec.  159.  Any  member  of  the  state  board  of  education,  or 
any  employe  of  the  state,  who  shall,  directly  or  indirectly, 
disclose  any  questions  prepared  for  examinations,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars. 

Sec.  160.  If  any  county  superintendent  fails  to  make  a  full 
and  correct  report  to  the  superintendent  of  public  instruction 
of  all  statements  required  by  him,  he  shall  forfeit  the  sum  of 
fifty  dollars  from  his  salary,  and  the  board  of  county  com- 
missioners are  hereby  authorized  and  required  to  deduct 
therefrom  the  sum  aforesaid  upon  the  information  from  the 
superintendent  of  public  instruction  that  such  reports  have 
not  been  made. 

Sec.  161.  Any  oflScer  or  person  collecting  or  receiving  any 
such  fines,  forfeitures  or  othc*  moneys,  and  refusing  or  fail- 
ing to  pay  over  the  same,  as  required  by  law,  shall  forfeit 
double  the  amount  so  withheld,  and  interest  thereon  at  the 
rate  of  five  per  cent,  per  month  during  the  time  of  so  with- 
holding the  same;  and  it  shall  be  a  special  duty  of  the  county 
superintendent  of  schools  to  supervise  and  see  that  the  pro- 
visions of  this  section  are  fully  complied  with,  and  report 
thereon  to  the  county  commissioners  semi-annually  or  oftener. 

Sec.  162.  Upon  complaint  in  writing  being  made  to  any 
county  superintendent  by  any  district  clerk,  or  by  any  head 
of  family,  that  the  board  of  directors  of  the  district  of  which 
said  clerk  shall  hold  his  ofiice,  or  said  head  of  family  shall  re- 
side, have  failed  to  make  provision  for  the  teaching  of  hygiene, 
with  special  reference  to  the  effects  of  alcoholic  drink,  stimu- 
lants and  narcotics  upon  the  human  system,  as  provided  in 
this  act,  in  the  common  schools  of  such  district,  it  shall  be  the 


CODE  OF  PUBLIC  INSTRUCTION.  73 

duty  of  such  county  superintendent  to  investigate  at  once  the 
matter  of  such  complaints,  and  if  found  to  be  true,  he  shall 
immediately  notify  the  county  treasurer  of  the  county  in  which 
such  school  district  is  located,  and  after  the  receipt  of  such 
notice,  it  shall  be  the  duty  of  such  county  treasurer  to  refuse 
to  pay  any  warrants  drawn  upon  him  by  the  board  of  direct- 
ors of  such  district  subsequent  to  the  date  of  such  notice  and 
until  he  shall  be  notified  to  do  so  by  such  county  superin- 
tendent. Whenever  it  shall  be  made  to  appear  to  the  said 
county  superintendent,  and  he  shall  be  satisfied,  that  the 
board  of  directors  of  such  district  are  complying  with  the 
provisions  of  said  section  of  this  act,  and  are  causing  physi- 
ology and  hygiene  to  be  taught  in  the  public  schools  of  such 
district  as  hereinbefore  provided,  he  shall  notify  said  county 
treasurer,  and  said  treasurer  shall  thereupon  honor  the  war- 
rants of  said  board  of  directors. 

Sec.  1G3.   Any  county  superintendent  of  common  schools  For  failure  of 

,  .  .  .    .  county  siiper- 

who  shall  tail  or  refuse  to  comply  with  the  provisions  of  the  intendent  to 

enforce  tcRch- 

preceding  section  shall  be  liable  to  a  penalty  of  one  hundred  ing of  hygiene, 
dollars,  to  be  recovered  in  a  civil  action  in  the  name  of  the 
state  in  any  court  of  competent  jurisdiction,  and  the  sum  re- 
covered shall  go  into  the  state  school  fund;  and  it  shall  be 
the  duty  of  the  prosecuting  attorneys  of  the  several  counties 
of  the  state  to  see  that  the  provisions  of  this  section  are  en- 
forced. 

Sec.  164.   In  case  the  district  clerk  fails  to  make  the  reports  For  failure 

.  .  ,  _  ^  of  clerk  to 

herein  provided  at  the  proper  time  and  in  the  proper  manner,  make  report, 
he  shall  forfeit  and  pay  to  the  district  the  sum  of  twenty-five 
dollars  for  each  and  every  such  failure.  He  shall  also  be 
liable  if,  through  such  neglect,  the  district  fails  to  receive  its 
just  apportionment  of  school  moneys,  for  the  full  amount  so 
lost.  Each  and  all  of  said  forfeitures  shall  be  recovered  in  a 
suit  brought  by  the  county  superintendent  or  by  any  citizen 
of  such  district,  in  the  name  and  for  the  benefit  of  such  dis- 
trict. 

Sec.  165.   Any  school  officer  who  shall  refuse  or  fail  to  de-  For  failure 

..  ,.  I'^i  nil  -1  1  to  deliver 

liver  to  his  qualified  successor  all  books,  papers,  records  and  property, 
moneys  pertaining  to  his  office,  or  who  shall  willfully  mutilate 
or  destroy  any  such  property,  or  any  part  thereof,  or  who 
shall  misapply  moneys  entrusted  to  him  by  virtue  of  his  office, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  not  to  exceed  one 
hundred  dollars. 


74 


CODE  OF  PUBLIC  INSTRUCTION. 


For  failure  to 
onforee  course 
of  study. 


For  abuse 
of  pupils. 


For  non- 
attendance 
at  institute. 


For  abusing 
a  teacher. 


For  disturb- 
ing school. 


For  non- 
attendance 
at  school. 


For  defacing 
property. 


Sec.  166.  Any  teacher  who  willfully  refuses  or  neglects  to 
enforce  the  course  of  study  or  the  rules  and  regulations  re- 
quired by  the  state  board  of  education,  shall  not  be  allowed 
by  the  directors  any  warrant  for  salary  due  until  said  teacher 
shall  have  complied  with  said  requirements. 

Sec.  16V.  Any  teacher  who  shall  maltreat  or  abuse  any 
pupil  by  administering  any  undue  punishment,  or  who  shall 
inflict  punishment  on  the  head  or  face  of  a  pupil,  shall  be 
(ieemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
before  any  court  of  competent  jurisdiction,  shall  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars. 

Sec.  168.  Any  teacher  failing  to  attend  once  in  each  year 
an  institute  in  some  county  of  this  state,  unless  on  account 
of  sickness,  or  for  other  good  and  sufficient  reasons  satisfac- 
tory to  the  superintendent  of  public  instruction,  may  have 
any  certificate  he  may  hold  forfeited  by  order  of  the  superin- 
tendent of  public  instruction:  Provided,  That  said  forfeiture 
shall  be  duly  published  after  the  said  teacher  shall  have  been 
given  opportunity  to  present  his  reasons  for  such  non-attend- 
ance, and  after  action  thereon. 

Sec.  169.  Any  parent,  guardian  or  other  person,  who  shall 
insult  or  abuse  a  teacher  in  the  presence  of  the  school,  or 
anywhere  on  the  school  grounds  or  premises,  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  liable  to  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  IVO.  Any  person  who  shall  willfully  disturb  any  school 
or  school  meeting  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  be  fined  in  any  sum  not  more  than  fifty 
dollars. 

Sec.  171.  Any  person  summoned  before  a  superior  judge 
to  answer  why  he  has  not  kept  the  children  under  his  care  in 
school  as  provided  in  the  law  relating  to  school  attendance, 
and  failing  to  show  satisfactory  cause  for  his  refusal  or  neglect 
to  comply  with  such  law,  shall  be  guilty  of  a  misdemeanor, 
and  fined  in  a  sum  of  not  less  than  ten  nor  more  than  twenty- 
five  dollars  for  each  offense,  and  the  said  fine  when  collected 
shall  be  placed  to  the  credit  of  the  school  district  wherein  the 
person  so  fined  resides. 

Sec.  IV 2.  Any  pupil  who  shall  cut,  deface  or  otherwise  in- 
jure any  school  house,  furniture,  fence  or  outbuilding  thereof, 
or  any  books  belonging  to  the  district  library,  shall  be  liable 
to  suspension  and  punishment,  and  the  parent  or  guardian  of 


CODE  OF  PUBLIC  INSTRUCTION.  75 

such  pupil  shall  be  liable  for  damages,  on  complaint  of  the 

teacher  or  of  any  director,  and  upon  proof  of  the  same. 

Sec.  1*73.    Any  person  violating  the  provisions  of  this  act  ^**''^°^»^ 

relating  to  vivisection  and  dissection  in  schools  shall,  upon  ^•°"  '"'^• 

conviction  thereof,  be  deemed  guilty  of  a  misdemeanor  and 

be  fined  in  any  sum  of  not  less  than  fifty  nor  more  than  one 

hundred  dollars. 

Sec.  1V4.   Any  district  using  text-books  other  than  those  For  failure  to 

T      •      "^^  text- 
prescribed  by  the  state  board  of  education,  or  any  district  books  or 

"^  -111       follow  course 

failing  to  comply  with  the  course  of  study  prescribed  by  the  of  study, 
state  board  of  education,  or  any  district  in  which  warrants 
are  issued  to  a  teacher  not  legally  qualified  to  teach  in  the 
common  school  of  the  said  district,  shall  forfeit  twenty-five 
per  cent,  of  their  school  fund  for  that  or  the  subsequent  year, 
and  it  is  hereby  made  the  duty  of  the  county  superintendent 
to  deduct  said  amount  from  the  apportionment  to  be  made  to 
any  district  failing  in  either  or  all  of  the  above  requirements, 
and  the  amounts  thus  deducted  shall  revert  to  the  general 
school  funds  of  the  state,  and  the  county  treasurer  shall  re- 
turn the  same  to  the  state  treasurer  for  reapportionment. 

Sec.  Ho.   No  school  district  shall  be  entitled  to  receive  any  For  failure 

•'    to  maintain 

apportionment  of  school  moneys  which  shall  not  have  main-  school, 
tained  school  for  the  time  required  by  law  during  the  preced- 
ing school  year:  Provided,  That  any  new  district  formed  from 
the  division  of  an  old  one  shall  be  entitled  to  its  just  share  of 
school  moneys  when  the  time  that  school  was  maintained  in 
the  old  district  before  division,  and  in  the  new  one  after 
division,  shall  be  equal  to  ait  least  the  time  required  by  law 
in  the  old  district. 

Chapter  12. —  General  Provisions. 
Sec.  176.   Whenever  the  word   <'he"  or  <'his"   occurs  in  Pronouns 

J       -  "l>e"  and 

this  act,  referring  to  either  the  members  of  the  city  board  of  "his." 

directors,   county  superintendents  of   common   schools,   city 

superintendents,  directors,  clerks,  state  board  of  education  or 

other  school   officers,  it  shall  be   understood   to   mean  also 

"she"  or  "her,"  and  any  woman  possessing  all  of  the  quali-  Women  may 

fications  of  an  elector  except  as  to  sex,  and  possessing  all  of 

the  other  qualifications  required  by  law  for  such  oflSces,  shall 

be  eligible  to  hold  such  offices. 

Sec.  177.   The  superior  judge  shall,  upon  complaint  of  the  Judge shaii 
school  clerk  or  upon  his  own  motion,  have  power  to  remove  puUory  law. 
any  child  if  an  orphan  who  fails  to  attend  school  as  required 


76 


CODE  OF  PUBLIC  INSTRUCTION. 


Vivisection 
forbidden. 


Dissection 
permitted, 
wlien. 


Display 
of  United 
States  flag. 


Free  kinder- 
gartens. 


by  law,  and  place  it  in  the  care  of  some  other  person  who 
will  be  likely  to  send  such  child  to  school;  or  if  the  child  be 
under  the  care  of  parents,  then  the  superior  judge  shall  have 
power  to  summon  such  child  before  him  and,  if  he  shall,  upon 
inquiry,  find  that  the  child  has  not  already  attained  a  reason- 
able proficiency  in  the  common  school  branches  for  the  first 
eight  years  as  outlined  in  the  course  of  study  for  common 
schools  for  the  State  of  Washington,  he  shall  issue  an  order 
commanding  such  parents  to  place  such  child  in  school,  if 
school  be  then  in  session,  or  immediately  when  school  shall 
resume  if  it  be  not  in  session;  or  appear  before  him  and  show 
cause  for  their  neglect  or  refusal  so  to  do. 

Sec.  178.  No  teacher  or  other  person  employed  in  any 
school  in  the  State  of  Washington,  except  a  medical  or  dental 
school  or  the  medical  or  dental  department  of  any  school, 
shall  practice  vivisection  upon  any  vertebrate  animal  in  the 
presence  of  any  pupil  in  said  school,  or  any  child  or  minor 
there  present;  nor  in  such  presence  shall  exhibit  any  verte- 
brate animal  upon  which  vivisection  has  been  practiced. 

Sec.  1 79.  Dissection  of  dead  animals,  or  any  portion  thereof, 
in  the  schools  of  the  State  of  Washington  shall,  in  no  instance, 
be  for  the  purpose  of  exhibition,  but  in  every  case  shall  be 
confined  to  the  class  room  and  the  presence  of  those  pupils 
engaged  in  the  study  to  be  illustrated  by  such  dissection. 

Sec.  180.  That  the  board  of  directors  in  the  several  school 
districts  of  this  state  shall  procure  a  United  States  flag,  and 
shall  display  said  flag  upon  or  near  each  public  school  build- 
ing during  school  hours,  except  in  unsuitable  weather  and  at 
such  other  times  as  to  the  said  board  may  seem  proper;  and 
the  necessary  funds  to  defray  the  expenses  to  be  incurred 
for  such  flags  and  appliances  shall  be  assessed  and  collected 
in  the  same  manner  as  moneys  are  now  raised  by  law  for 
public  school  purposes. 

Sec.  181.  The  board  of  directors  of  any  school  district  con- 
templated by  this  act  shall  have  power  to  establish  and  main- 
tain free  kindergartens  in  connection  with  the  common  schools 
of  said  district  for  the  instruction  of  children  between  the 
ages  of  four  and  seven  years,  residing  in  said  district,  and 
shall  establish  such  courses  of  training,  study  and  discipline, 
and  such  rules  and  regulations  governing  such  preparatory  or 
kindergarten  schools  as  said  board  may  deem  best:  Provided, 
That  nothing  in  this  act  shall  be  construed  to  change  the  law 
relating  to  the  taking  of  the  census  of  the  school  population 


CODE  OF  PUBLIC  INSTRUCTION.  77 

or  the  apportionment  of  state  and  county  school  funds  among 
the  several  counties  and  districts  in  this  state:  Provided 
further,  That  the  cost  of  establishing  and  maintaining  such  Expenses  paid 

'^  ~  by  special  tax. 

kindergartens  shall  be  paid  from  the  special  school  fund  voted 
by  the  electors  of  said  districts,  for  this  purpose;  and  the  said 
kindergartens  shall  be  a  part  of  the  public  school  system  and 
governed,  as  far  as  practicable,  in  the  same  manner  and  by 
the  same  officers  as  is  now,  or  hereafter  may  be,  provided  by 
law  for  the  government  of  the  other  public  schools  of  this 
state:  Provided  further,  That  teachers  of  kindergarten  schools  Diplomas  of 
shall  have  a  diploma  from  some  reputable  kindergarten  train- 
ing school,  or  pass  such  examination  on  kindergarten  work 
as  the  kindergarten  department  of  the  state  normal  schools 
may  direct. 

TITLE  IV.— HIGHER  AND  SPECIAL  INSTITUTIONS. 

Chaptek  1. —  Universit?  of  Washington. 

article  i. —  administration. 

Sec.  182.   The  state  university,  as  heretofore  located  and  Establish- 
established  in  the  city  of  Seattle,  county  of  King,  shall  be 
designated  and  named  the  Univer.sity  of  Washington. 

Sec.  183.  The  aim  and  the  purpose  of  the  university  of  pu™o"e^ 
Washington  shall  be  to  provide  for  students  of  both  sexes, 
on  equal  terms,  a  liberal  instruction  in  the  different  branches 
of  literature,  science,  art,  law,  medicine,  military  science  and 
such  other  departments  of  instruction  as  may  be  established 
therein  from  time  to  time  by  the  board  of  regents.  Tuition  Tuition, 
in  the  university  of  Washington,  except  as  may  be  provided 
by  the  board  of  regents  with  reference  to  the  arts  or  to  special 
courses  of  study,  shall  be  free  to  all  boyia  fide  residents  of  this 
state.  Non-residents  of  this  state  shall  be  admitted  to  the 
said  university  on  such  terms  as  may  from  time  to  time  be 
prescribed  by  the  board  of  regents.  The  said  university  shall, 
as  far  as  practicable,  begin  its  course  of  study  in  its  literary  and 
scientific  departments  at  the  points  where  the  same  are  com- 
pleted in  the  public  high  schools  of  the  state.     No  student  Admission 

^  ^  °  ...  of  students. 

shall  be  admitted  except  upon  examination  satisfactory  to  the 
faculty  of  the  university.  Provided  however,  That  students 
shall  be  admitted  without  examination  upon  presentation  of 
certificates  from  those  public  high  schools  and  other  educa- 
tional institutions  in  this  state  whose  courses  of  study  shall 
have  been  approved  by  said  faculty  of  the  university,  such 
certificates  to  show  the  completion  of  a  course  of  study  on  the 


78 


CODE  OF  PUBLIC  INSTRUCTION. 


Board  of 
regents. 


Term  of  oflice. 


Quorum. 


Four  mem- 
bers from 
King  county. 


Vacaucy. 


Regents  must 
take  oath. 


Organization 
of  board. 


Meetings. 


Powers 
and  duties: 


To  have 
full  control. 


part  of  applicants,  which  said  faculty  shall  deem  equivalent 
to  the  course  of  study  necessary  for  admission  under  examin- 
ation. 

Sec.  184.  The  government  of  the  university  of  Washing- 
ton shall  be  vested  in  a  board  of  regents  to  consist  of  seven 
members  who  shall  be  appointed  by  the  governor  of  the  state, 
by  and  with  the  advice  and  consent  of  the  senate,  and  who 
shall  hold  their  offices,  respectively,  for  a  term  of  six  years 
from  the  second  Monday  in  March  next  succeeding  their  ap- 
pointment and  until  their  successors  shall  be  appointed  and 
shall  qualify:  Provided,  That  regents  now  serving  upon  such 
board  shall  continue  as  such  during  the  terms  for  which  they 
were  respectively  appointed.  Four  members  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  business, 
and  it  shall  be  the  duty  of  the  governor  to  appoint  at  least 
four  members  of  said  board  from  the  citizens  of  the  city  of 
Seattle  or  county  of  King  in  order  that  a  quorum  of  said 
board  may  always  be  near  the  said  university.  Whenever 
there  shall  be  a  vacancy  in  the  said  board  of  regents,  from 
any  cause  whatever,  it  shall  be  the  duty  of  the  governor  to 
fill  such  office  by  appointment,  and  the  person  or  persons  so 
appointed  shall  continue  in  office  until  the  close  of  the  legis- 
lature next  thereafter,  or  until  others  are  appointed  and  quali- 
fied in  their  stead.  Each  regent  before  entering  upon  the 
duties  of  his  office  must  qualify  by  taking  the  usual  oath  of 
office  before  some  officer  authorized  by  law  to  administer  the 
same  and  file  a  copy  of  said  oath  with  the  secretary  of  state. 

Sec.  185.  The  board  shall  organize  by  the  election  from  its 
number  a  president  and  an  executive  committee,  of  which 
committee  the  president  shall  be  ex  officio  chaii'man.  The 
board  shall  hold  regular  quarterly  meetings,  and  doing  the 
interim  between  such  meetings  the  executive  committee  may 
transact  business  for  the  whole  board:  Provided,  That  the 
executive  committee  may  call  special  meetings  of  the  whole 
board  when  such  action  is  deemed  necessary. 

Sec.  186.  The  board  of  regents  may  adopt  by-laws  or  rules 
and  regulations  for  its  own  government.  The  powers  and 
duties  of  the  board  of  regents  are  as  follows: 

First:  The  said  board  shall  have  full  control  of  the  univer- 
sity and  its  property  of  various  kinds,  and  shall  employ  the 
president,  members  of  the  faculty,  assistants  and  employes  of 
the  igstitution,  who  shall  hold  their  positions  during  the 
pleasure  of  said  board  of  regents. 


CODE  OF  PUBLIC  INSTRUCTION.  79 

Second:  It  shall  be  the  duty  of  the  board  of  resents,  with  To  prescribe 

"'  o  '  courses  of 

the  assistance  of  the  faculty  of  the  university,  to  prescribe  study, 
the  course  of  study  in  the  various  departments  of  the  institu- 
tion and  to  publish  the  annual  catalogue. 

Third:  The  said  board  shall  grant  to  every  student,  upon  To  grant 

J.  -iiTi  T  -1  Tt-  diplomas. 

graduation,  a  suitable  diploma  or  degree,  such  student  having 
been  recommended  for  such  honor  by  the  faculty.  The  board 
shall  also  have  power,  upon  recommendation  of  the  faculty, 
to  confer  the  usual  honorary  degrees  upon  other  persons  than 
graduates  of  this  university  in  recognition  of  their  learning 
or  devotion  to  literature,  art  or  science;  but  no  degree  shall 
ever  be  conferred  in  the  consideration  of  the  payment  of 
money  or  other  valuable  thing.  Any  diploma  granted  by  the  Normal 
normal  department  of  the  university  shall  entitle  the  holder  entitle  to 

.  .  teach. 

to  teach  in  any  public  school  in  this  state  during  life,  under 
regulations  consistent  with  other  provisions  of  law  relating 
to  life  diplomas. 

Fourth:  The  board  of  regents  is  authorized  to  receive  such  To  receive  and 

control  funds. 

bequests  or  gratuities  as  may  be  granted  to  the  said  univer- 
sity and  to  invest  or  expend  the  same  according  to  the  terms 
of  said  bequests  or  gratuities.  The  said  board  shall  adopt 
proper  rules  to  govern  and  protect  the  receipt  and  expendi- 
ture of  the  proceeds  of  all  fees,  bequests  or  gratuities,  and 
shall  make  full  report  of  the  same  in  the  customary  biennial 
report  to  the  governor,  or  more  frequently  if  required  by  law. 

Fifth:  The  board  of  regents  is  authorized  and  empowered  bon^^s^to  Wai 
to  give  and  execute,  on  behalf  of  the  State  of  Washington,  Department. 
the  bonds  and  other  papers  required  by  the  war  department 
for  the  safe  keeping  of  the  arms  and  equipments  loaned  by 
the  United  States  to  the  university  of  Washington. 

Sixth:  The  board  of  regents  shall  transmit,  on  the  first  day  to  make  a 
of  January  preceding  each  regular  session  of  the  legislature,  report, 
to  the  governor,  a  printed  report  of  all  the  doings  since  their 
last  report,  giving  full  information  of  the  receipt  and  expendi- 
ture of  money,  furnish  an  estimate  of  the  needs  of  the  institu- 
tion, and  give  such  information  as  will  be  helpful  to  the  state 
authorities  in  providing  for  the  said  institution. 

Seventh:  The  members  of  said  board  of  regents  shall  serve  To  receive  no 

.,  .  x-ii  1  iiii-i  compensation 

Without  compensation.      Each  regent,  however,  shall  be  paid  except  actual 

,  .  ,  ,.  .  .  1  •  /•  expenses. 

his  actual  traveling  expenses  in  going  to  and  coming  irom 
any  meeting  of  said  board,  and  such  claims  for  expenses  shall 
be  audited  on  vouchers  issued  by  the  president  and  secretary 


80 


CODE  OF  PUBLIC  INSTRUCTION. 


Faculty. 


Non-sec- 
tarian. 


Attorney 
general 
legal  adviser. 


of  said  board  the  same  as  any  other  claims  are  vouchered  and 
audited. 

Sec.  187.  The  faculty  of  the  university  of  Washington 
shall  consist  of  the  president  and  the  professors,  and  the  said 
faculty  shall  have  charge  of  the  immediate  government  of 
the  institution  under  such  rules  as  may  be  prescribed  by  the 
board  of  regents. 

Sec.  188.  The  university  of  Washington  shall  never  be 
under  the  control  of  any  religious  or  sectarian  denomination 
or  society  whatever. 

Sec.  189.  The  attorney  general  of  the  state  shall  be  the 
legal  advisor  of  the  president  and  the  board  of  regents  of  the 
university,  and  he  shall  institute  and  prosecute  or  defend  all 
suits  in  behalf  of  the  same. 


Establish- 
ment. 


Purpose 
and  aim. 


Ex  officio 
visitors. 


Courses  of 
instruction. 


Teachers  of 

physical 

science. 


Chapter  2. —  Agricultural  College. 

Sec.  190.  The  state  agricultural  college,  experiment  station 
and  school  of  science  of  the  State  of  Washington,  as  hereto- 
fore located  at  Pullman,  Whitman  county,  shall  be  an  institu- 
tion of  learning  open  to  the  children  of  all  residents  of  this 
state,  and  to  such  other  persons  as  the  board  of  regents  may 
determine,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  board  of  regents;  shall  be  non-sectarian  in 
character,  and  devoted  to  practical  instruction  in  agriculture, 
mechanic  arts,  and  natural  sciences  connected  therewith,  as 
well  as  a  thorough  course  of  instruction  in  all  branches  of 
learning  upon  agricultural  and  other  industrial  pursuits. 

Sec.  191.  The  governor  of  the  State  of  Washington,  the 
superintendent  of  public  instruction,  members  of  the  legisla- 
ture, and  county  commissioners  shall  be  ex  officio  visitors  of 
said  college.  But  said  visitors  shall  have  no  power  granted 
to  control  the  action  of  the  board  of  regents  or  to  negative 
its  duties  as  defined  by  law. 

Sec.  192.  The  course  of  instruction  of  said  college  shall 
embrace  the  English  language,  literature,  mathematics,  phil- 
osophy, civil  and  mechanical  engineering,  chemistry,  animal 
and  vegetable  anatomy  and  physiology,  the  veterinary  art, 
entomology,  geology,  political  economy,  rural  and  household 
economy,  horticulture,  moral  philosophy,  history,  mechanics, 
and  such  other  courses  of  instruction  as  shall  be  prescribed 
by  the  board  of  regents.  One  of  the  objects  of  said  college 
shall  be  to  train  teachers  of  physical  science,  and  thereby 
further  the  application  of  the  principles  of  physical  science 


CODE  OF  PUBLIC  INSTRUCTION.  81 

to  industrial  pursuits;  to  collect  information  as  to  schemes  of 
technical  instruction  adopted  in  other  parts  of  the  United 
States  and  in  foreign  countries,  and  to  hold  farmers'  insti- 
tutes at  such  times  and  places  and  under  such  regulations  as 
the  board  of  regents  may  determine. 

Sec.  193.  The  board  of  regents  shall  provide  that  all  in-  Duties  of 
struction  given  in  the  college  shall,  to  the  utmost  practicable 
extent,  be  conveyed  by  means  of  practical  work  on  the  labor- 
atory, and  shall  provide  in  connection  with  said  college  the 
following  laboratories:  One  physical  laboratory  or  more, 
one  chemical  laboratory  or  more,  and  one  biological  labor- 
atory or  more,  and  suitably  furnish  and  equip  the  same. 
Said  board  of  regents  shall  provide  that  all  male  students 
shall  be  trained  in  military  tactics.  Said  board  of  regents 
shall  establish  a  department  of  said  college  to  be  designated 
the  department  of  elementary  science,  and  in  connection 
therewith  provide  instruction  in  the  following  subjects: 
Elementary  mathematics,  including  elementary  trigonometry, 
elementary  mechanics,  elementary  and  mechanical  drawing 
and  land  surveying.  Said  board  of  regents  shall  establish  a 
department  of  said  college  to  be  designated  the  department 
of  agriculture,  and  in  connection  therewith  provide  instruc- 
tion in  the  following  subiects — First:  Physics,  with  special  Departments 
application  of  its  principles  to  agriculture.  Second:  Chem- 
istry, with  special  application  of  its  principles  to  agriculture. 
Third:  Morphology  and  physiology  of  plants,  with  special 
reference  to  the  commonly  grown  crops  and  their  fungus 
enemies.  Fourth:  Morphology  and  physiology  of  the  lower 
forms  of  animal  life,  with  special  reference  to  insect  pests. 
Fifth:  Morphology  and  physiology  of  the  higher  forms  of 
animal  life,  and  in  particular  of  the  horse,  cow,  sheep  and 
swine.  Sixth:  Agriculture,  with  special  reference  to  the 
breeding  and  feeding  of  live  stock,  and  the  best  mode  of 
cultivation  of  farm  produce.  Seventh:  Mining  and  metal- 
lurgy. And  it  shall  appoint  demonstrators  in  each  of  these 
subjects,  to  superintend  the  equipment  of  a  laboratory  and 
to  give  practical    instruction    in    the  same.      Said  board  of  Experiment 

o  I  ^  ^  ^  ^      Htation. 

regents  shall  establish  an  agricultural  experimental  station  in 
connection  with  the  department  of  agriculture  of  said  college, 
appoint  its  officers  and  prescribe  such  regulations  for  its 
management  as  it  may  deem  expedient.  Said  board  of  regents 
may  establish  other  departments  of  said  college,  and  provide 
—6 


82 


CODE  OF  PUBLIC  INSTRUCTION. 


Manajtement 
of  iiislitiition 
ill  board  of 
five  regents. 


Appointment 
and  term 
of  oiBce. 


Bonds  of 
regents. 


Three  regents 
from  Eastern 
Wasliington. 


Organization 
of  board. 


Treasurer. 


Bond,  S40,000. 


courses  of  instruction  therein,  when  those  are,  in  its  judg- 
ment, required  for  the  better  carrying  out  of  the  object  of 
the  college. 

Sec.  194.  The  management  of  said  college  and  experiment 
station,  the  care  and  preservation  of  all  property  of  which 
the  institution  shall  become  possessed,  the  erection  and  con- 
struction of  all  buildings  necessary  for  the  use  of  said  col- 
lege and  station,  and  the  disbursement  and  expenditure  of 
all  money  provided  for  by  this  chapter,  shall  be  vested  in  a 
board  of  five  regents,  said  five  members  of  the  board  of 
regents  shall  be  appointed  in  the  manner  appointed  by  law; 
said  regents  and  their  successors  in  oflace  shall  have  the  right 
of  causing  all  things  to  be  done  necessary  to  carry  out  the 
provisions  of  this  chapter.  The  board  of  regents  provided 
for  in  this  chapter  shall  be  appointed  by  the  governor,  by 
and  with  the  consent  of  the  senate,  one  for  a  term  of  two 
years,  two  for  a  term  of  four  years,  and  two  for  a  term  of 
six  years;  and  each  regent  shall,  before  entering  upon  the 
discharge  of  his  respective  duties  as  such,  execute  a  good  and 
sufficient  bond  to  the  State  of  Washington,  with  two  or  more 
sufficient  sureties,  residents  of  the  state,  in  the  penal  sum  of 
not  less  than  five  thousand  dollars  (|5,000)  each,  conditioned 
for  the  faithful  performance  of  his  duties  as  such  regent: 
Provided,  That  all  appointments  made  to  fill  vacancies 
caused  by  death,  resignation  or  otherwise,  shall  be  for  the 
unexpired  term  of  the  incumbent  whose  place  shall  have  be- 
come vacant.  All  other  appointments  made  subsequent  to 
the  appointment  of  the  first  board  of  regents  provided  for  in 
this  act,  shall  be  for  the  term  of  six  years  and  until  the  ap- 
pointment and  qualification  of  a  successor  to  each  apppointee: 
Provided  further,  That  at  least  three  of  the  members  of 
the  board  of  regents  so  appointed  shall  be  residents  of  East- 
ern Washington  and  one  shall  be  a  resident  of  Western 
Washington:  Provided  further.  That  regents  now  serving 
upon  such  board  shall  continue  as  such  during  the  term  for 
which  they  were  respectively  appointed. 

Sec.  195.  The  board  of  regents  of  the  agricultural  college, 
experiment  station  and  school  of  science  shall  meet  and  or- 
ganize, by  the  election  of  its  president  and  treasurer  from 
their  own  number,  on  the  first  Wednesday  in  April  of  each 
year.  The  person  so  elected  as  treasurer  shall,  before  enter- 
ing upon  the  discharge  of  his  duties  as  such,  execute  a  good 
and  sufficient  bond  to  the  State  of  Washington,  with  two  or 


CODE  OF  PUBLIC  INSTRUCTION.  83 

more  sufficient  sureties,  residents  of  the  state,  in  the  penal 
sum  of  not  less  than  forty  thousand  dollars  ($40,000),  con- 
ditioned for  the  faithful  performance  of  his  duties  as  such 
treasurer,  and  that  he  will  faithfully  account  for  and  pay 
over  to  the  person  or  persons  entitled  thereto  all  moneys 
which  shall  come  into  his  hands  as  such  officer,  which  bond 
shall  be  approved  by  the  governor  of  the  state,  and  shall  be 
filed  with  the  secretary  of  state.     The  president  of  the  col-  President  of 

1     1     11  college  to  be 

lege  shall  be  secretary  of  the  board  of  regents,  and  shall  per  secretary  of 

•  1  /v  I  1     11  board. 

form  all  the  duties  pertaining  to  that  office,  but  shall  not 

have  the  right  to  vote.     The  secretary  shall  in  like  manner  Bond,  ss.ooo. 

as  the  treasurer  give  a  bond  in  the  penal  sum  of  not  less  than 

five  thousand  dollars   ($5,000),  conditioned  for  the  faithful 

performance  of  his  duties  as  such  officer. 

Sec.  196.   The  president  of  said  board  shall  be  the  chief  Duties  of 

'^  president  of 

executive  officer,  shall  preside  at  all  meetings  thereof  ( except  the  board, 
that  in  his  absence  the  board  may  appoint  a  president  joro 
tempore)  and  sign  all  instruments  required  to  be  executed  by 
said  board.     The  treasurer  shall  be  the  financial  officer  of  Treasurer, 
said  board,   shall  keep  a  true  account  of  all  moneys   received 
and  expended  by  him.     The  secretary  shall  be  the  record-  Secretary, 
ing    officer  of    said  board,    shall  attest    all   instruments  re- 
quired to  be   signed  by  the   president,  and  shall  keep  a  true 
record  of  all  the  proceedings  of  said  board,  and  generally  do 
all  other  things  required  of  him  by  said  board. 

Sec.  197.   The  regents  shall  have  the  power,   and  it  shall  Regents  enact 
be  their  duty,  to  enact  laws  for  the  government  of  said  agri- 
cultural   college,   experiment  station  and  school    of  science: 
Provided,  The  board  of  regents  shall  maintain   at  least  one 
experimental  station  in  the  western  portion  of  the  state. 

Sec.  198,   The  board  of  regents  shall  direct  the  disposition  Regents  have 

r  11-  •  1  1  •       1     Kcneral 

of  any  moneys  belonging  to  or  appropriated  to  the  agricul-  control. 
tural  college,  experiment  station  and  school  of  science,  estab- 
lished by  this  act,  and  shall  make  all  rules  and  regulations 
necessary  for  the  management  of  the  same,  adopt  plans  and 
specifications  for  necessary  buildings,  and  superintend  the 
construction  of  said  buildings,  and  fix  the  salaries  of  profess- 
ors, teachers  and  other  employes,  and  tuition  fees  to  be 
charged  in  said  college. 

Sec.   199.   The   agricultural    exi)eriment   station    provided  Experiment 

"  ...  .  .station  estab- 

for  in  this  act  in  connection  with  said  agricultural  college '•»'•«'• '^y 

^  °     conifress. 

shall  be  under  the  direction  of  said  board  of  regents  of  said 
college  for  the  purpose  of  conducting  experiments  in  agri- 


84 


CODE  OF  PUBLIC  INSTRUCTION 


Assent  to 

congressional 

requirements. 


Meetings  of 
board  of 
regents. 


culture  according  to  the  terms  of  section  one  ( 1 )  of  an  act 
of  congress,  approved  March  2,  1887,  and  entitled  "An  act 
to  establish  agricultural  experiment  stations  in  connection 
with  the  colleges  established  in  the  several  states,  under  the 
provisions  of  an  act  approved  July  2,  1862,  and  of  the  acts 
supplementary  thereto."  The  said  college  and  experiment 
station  shall  be  entitled  to  receive  all  the  benefits  and  dona- 
tions made  and  given  to  similar  institutions  of  learning  in 
other  states  and  territories  of  the  United  States  by  the 
legislation  of  the  congress  of  the  United  States  now  in  force, 
or  that  may  be  enacted,  and  particularly  to  the  benefits  and 
donations  given  by  the  provisions  of  an  act  of  congress 
entitled  "An  act  donating  public  lands  to  the  several  states 
and  territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  mechanic  arts,"  approved  July  2,  1862,  and 
all  acts  supplementary  thereto,  including  the  acts  entitled 
"An  act  to  establish  agricultural  experiment  stations  in  con- 
nection with  colleges  established  in  the  several  cities  under 
the  provision  of  an  act  approved  July  2,  1862,  and  of  the 
acts  supplementary  thereto,"  which  said  last  entitled  act  was 
approved  March  2,  1887;  also,  "An  act  so  apply  a  portion 
of  the  proceeds  of  the  public  lands  to  the  more  complete 
endowment  and  support  of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the 
provisions  of  an  act  of  congress  approved  July  2,  1862," 
which  said  last  mentioned  act  was  approved  August  30,  1890. 

Sec.  200.  The  assent  of  the  legislature  of  the  State  of 
Washington  is  hereby  given,  in  pursuance  of  the  require- 
ments of  section  nine  ( 9 )  of  said  act  of  congress,  apj^roved 
March  2,  1887,  to  the  granting  of  money  therein  made  to 
the  establishment  of  experiment  stations  in  accordance  with 
section  one  ( 1 )  of  said  last  mentioned  act,  and  assent  is  hereby 
given  to  carry  out,  within  the  State  of  Washington,  every 
provision  of  said  act. 

Sec.  201.  The  meetings  of  the  board  of  regents  may  be 
called  in  such  manner  as  the  board  may  prescribe,  and  the 
majority  of  said  board  shall  constitute  a  quorum  for  the  trans- 
action of  business;  but  a  less  number  may  adjourn  from  time 
to  time.  All  meetings  of  the  said  board  may  be  held  in  the 
office  of  the  college  building.  No  vacancy  in  said  board 
shall  impair  the  rights  of  the  remaining  board.  A  full  meet- 
ing of  the  board  shall  be  called  at  least  once  a  year. 

Sec.  202.   Each  member  of  the  board  of  regents  created  by 


CODE  OF  PUBLIC  INSTRUCTION.  85 

this  chapter  shall,  before  entering  upon  his  duties,  take  and  ^1^®°.*?  ™"^' 

r  ^  or  '  subscribe 

subscribe  an   oath  to  discharge  faithfully  and  honestly  his*""^**'- 
duties  in  the  premises,   and  to   perform  strictly  and  impar- 
tially the  same  to  the  best  of  his  ability;  said  oath  shall  be 
filed  with  the  secretary  of  state. 

Sec.    203.   The  regents  shall  be  allowed  their  actual  and  Expenses 

~  of  regents. 

necessary  traveling  expenses  in  going  to  and  returning  from 
all  the  necessary  sessions  of  their  board;  and  also  their  nec- 
essary expenses  while  in  actual  attendance  upon  the  same. 

Sec.  204.  The  board  of  regents  shall,  on  or  before  the  first  Biennial 
day  of  November  of  each  year,  make  a  full  and  true  report 
in  detail  of  all  their  acts  and  doings  during  the  previous 
year,  their  receipts  and  expenditures,  the  exact  status  of  their 
institution,  and  other  information  they  may  deem  proper  and 
useful,  or  which  may  be  called  for  by  the  governor,  which 
said  report  shall  be  made  to  the  governor,  who  shall  trans- 
mit the  same  to  the  succeeding  session  of  the  legislature.  A 
copy  of  said  report  shall  be  furnished  to  the  superintendent 
of  public  instruction. 

Sec.  205.   The  treasurer  of  said  board  shall  make  disburse-  Disbursement 
ments  of  the  funds  in  his  hands  on  the  order  of  the  board,  ° 
which  order  shall  be  countersigned  by  the  secretary  of  the 
board,  and  shall  state  on  what  account  the  disbursement  is 
made. 

Sec.  206.   No  employe  or  member  of  the  board  created  by  Noempioy^ 
this  chapter  shall  be  interested  pecuniarily,  either  directly  pecuniary 

.     ...  ,         .  „  1      M  T  •  interest 

or  mdirectly,  in  any  contract  tor  any  building  or  improve-  in  any  con- 

-.,.         .         .  „  i."  •!•  /•  !•/•        tracts. 

ment  of  said  institution,  or  for  the  lurnishing  or  supplies  tor 
the  same. 

Sec  207.   The    governor  of    the   state    shall   be   ex  officio  Governor 
advisory  member  of  the  board  provided  for  in  this  chapter,  berof  board, 
but  shall  not  have  the  right  to  vote  nor  be  eligible  to  oflSce 
therein. 

Sec.  208.   The  board  of  regents  are  hereby  empowered  to  The  board  may 

.  grant  degrees. 

grant  the  usual  academic  and  honorary  degrees,  and  to  issue 
diplomas  therefor,  upon  the  recommendations  made  by  the 
faculty. 

Sec.  209.   It  shall    be   the    duty   of  the  board  of  regents  Supervise  the 

.  .         .  construction 

herein  provided  for,  as  soon  after  their  organization   as  prac-  of  aii  improve- 

,  .      .  r  ments. 

ticable,  and  as  soon  as  there  shall  be  an  appropriation  there- 
for in  the  hands  of  the  state  treasurer  in  any  amount  sufficient 
to  warrant  the  beginning  the  erection  of  the  several  build- 
ings herein  provided  for,  or  any  wing  or  section  of  the  same, 


86 


CODE  OF  PUBLIC  INSTRUCTION. 


Contractors 
to  give  bonds. 


To  employ 
arcliif^cts. 


State  auditor 
to  issue  war- 
rants on 
proper  funds. 


Establishment. 


Corporate 
title. 


to  euter  into  contracts  with  one  or  more  contractors  for  the 
erection  and  construction  of  such  suitable  buildings  and  im- 
provements, for  the  institution  created  by  this  chapter,  as  in 
their  judgment  shall  be  deemed  best,  or  the  funds  aforesaid 
shall  warrant,  all  things  considered;  such  contract  or  con- 
tracts to  be  let  after  open  public  notice  and  competition  under 
such  regulations  as  shall  be  established  by  said  board  to  the 
person  or  persons  who  offer  to  execute  such  work  on  the  most 
advantageous  terms:  Provided,  That  in  all  cases  said  board 
shall  require  from  contractors  a  good  and  sufficient  bond  for 
the  faithful  performance  of  the  work,  and  the  full  protection 
of  the  state  against  mechanics' and  other  liens:  And  provided 
further,  That  the  board  shall  not  have  the  power  to  enter 
into  any  contract  for  the  erection  of  any  buildings  or  im- 
provements, which  shall  bind  said  board  to  pay  out  any  sum 
of  money  in  excess  of  the  amount  provided  for  said  purpose. 

Sec.  210.  The  board  provided  for  in  this  chapter  shall 
have  power  in  their  discretion  to  employ  skilled  architects 
and  superintendents  to  prepare  plans  and  specifications,  and 
to  supervise  the  construction  of  any  of  the  buildings  provided 
for  in  this  chapter,  and  to  fix  the  compensation  for  such 
services  subject  to  the  provisions  and  restrictions  of  this  act. 

Sec.  211.  Whenever  there  shall  be  any  money  in  the  hands 
of  the  state  treasurer  to  the  ci-edit  of  any  of  the  specific  funds 
set  apart  for  the  institution  created  by  this  chapter,  deemed 
sufficient  by  the  board  to  commence  the  erection  of  any  of 
the  necessary  buildings  or  improvements,  or  to  pay  the 
necessary  running  or  other  expenses  of  said  institution,  the 
state  auditor,  on  the  request  in  writing  of  said  board,  shall, 
and  it  is  hereby  made  his  duty  to  draw  his  warrant  in  favor 
of  the  treasurer  of  said  board  and  upon  the  state  treasury 
against  the  specific  fund  belonging  to  said  institution  in  such 
sum,  not  exceeding  the  amount  on  hand  in  such  specific  fund 
at  such  time  as  said  board  may  deem  necessary:  Provided, 
That  said  board  shall  draw  said  money  as  it  may  be  necessary 
to  disburse  the  same. 

Chapter  3. —  Normal  Schools. 
Sec.  212.  The  state  normal  school  at  Cheney,  the  state 
normal  school  at  New  Whatcom,  the  state  normal  school  at 
Ellensburg,  and  such  other  state  normal  schools  as  may  here- 
after be  established,  shall  each  be  under  the  management  and 
control  of  a  board  of  three  trustees,  to  be  known  as  the 
"  Board  of  trustees  of  the  state  normal  school  at  " 


CODE  OF  PUBLIC  INSTRUCTION.  87 

At  least  two  members  of  each  board  of  normal  school  trus- 
tees shall  be  residents  of  the  county  in  which  the  school  of 
which  they  are  trustees  is  situated,  said  trustees  to  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate. 

Sec.  213.  All  trustees  of  the  state  normal  schools  serving  Appointment 
at  the  time  of  the  passage  of  this  act  shall  continue  to  hold 
their  respective  offices  as  such  trustees  for  the  full  term  for 
which  they  were  appointed;  and  thereafter  all  trustees  shall 
be  appointed  for  six  years,  except  in  cases  of  appointments 
to  fill  vacancies,  in  which  cases  the  appointment  shall  be 
made  for  the  unexpired  term  of  the  trustees  whose  office  has 
become  vacant.  In  case  of  the  establishment  of  any  addi- Term  of  office, 
tional  state  normal  schools,  unless  otherwise  expressly  pro- 
vided by  law,  the  governor  shall  appoint  one  trustee  for  two 
years,  one  for  four  years  and  one  for  six  years. 

Sec.  214.   Each  board  of  normal  school  trustees  shall  elect  Trustees  to 

elect  oincers. 

one  of  its  members  chairman,  and  it  shall  elect  a  clerk,  who 
mayor  may  not  be  a  member  of  the  board.     Each  board  ,'''°  f"**^* 

■'  •'  by-laws. 

shall  have  power  to  adopt  by-laws  for  its  government  and  for 
the  government  of  the  school,  which  by-laws  shall  not  be  in- 
consistent with  the  provisions  of  this  act,  and  to  prescribe 
the  duties  of  its  officers,  committees  and  employes.  A  ma-  Quorum, 
jority  of  the  board  shall  constitute  a  quorum  for  the  trans- 
action of  all  business. 

Sec.  215.   Each  board  of  trustees  shall  have  power,  and  it  duUeTf '^"'^ 
shall  be  its  duty  — 

First:  To  elect  a  principal  for  such  period  as  it  may  de-Toeie<t 

*  *  .  principal. 

termine,  and  to  elect  such  other  teachers  and  assistants  as  the 
necessities  of  the  school  may  require. 

Second:  To  provide  a  librarian  for  the  school  who  shall  To  provide  a 

'  librarian. 

have  charge  of  all  books,  maps,  charts  and  apparatus  thereof, 
under  such  regulations  as  may  be  provided  by  law  or  by  the 
by-laws  of  the  board  of  trustees;  also  to  choose  a  janitor  and 
such  other  employes  as  may  become  necessary,  and  for  good 
and  lawful  reasons  to  discharge  any  or  all  such  teachers  and 
employes. 

Third:  To  adopt  and  provide  the  necessary  text-books  and  J" /'hi'jjj.lf 
to  provide  books  of  reference  for  the  use   of  students  and 
teachers,  and  to  provide  for  the  proper  care  of  the  same. 

Fourth:  To  have  charge  of  the  erection  of  all  buildings  t?  have  charge 

^  _  o     or  erection 

pertaining  to  the  school,  unless  otherwise  expressly  provided,  °^  bnii.ungs. 


CODE  OF  PUBLIC  INSTRUCTION. 


To  audit  all 
aocoiints. 


To  provi<le 
supplies. 


Boardint; 
houses. 


Meetings. 


Duties  of 
principal. 


Attend 
institutes. 


and  to  have  the  care  aud  management  of  all  buildings  and 
other  property  belonging  to  the  school. 

Fifth:  To  audit  all  accounts  against  the  school,  and  to 
certify  all  bills,  which  may  be  allowed,  to  the  state  auditor, 
who  shall  draw  warrants  on  the  state  treasurer  for  such 
amounts  as  he  shall  find  to  have  been  properly  or  legally 
allowed. 

Sixth:  To  purchase  all  supplies  for  the  use  of  the  school, 
to  provide  a  library  suited  to  its  wants,  to  provide  for  lectures 
on  subjects  pertaining  to  education  and  the  art  or  science  of 
teaching,  and  to  do  such  other  things  not  forbidden  by  law 
as  may  become  necessary  for  the  good  of  the  school. 

Sec.  216.  Each  board  of  normal  school  trustees  shall  have 
power  to  establish  and  maintain  a  boarding  house  or  houses 
for  the  accommodation  of  students,  to  employ  a  matron  and 
such  other  assistance  as  may  become  necessary  to  conduct  the 
same,  to  make  such  rules  for  its  government  and  management 
as  they  may  deem  necessary,  and  to  charge  such  rates  for 
board  and  entertainment  as  will  make  such  boarding  house  or 
houses  self-sustaining. 

Sec.  217.  Each  board  of  normal  school  trustees  shall  hold 
two  regular  or  stated  meetings  each  year,  at  such  times  as  may 
be  provided  in  its  by-laws,  and  such  special  meetings  may  be 
held  as  shall  be  deemed  necessary,  such  special  meetings  to 
be  called  by  the  chairman  or  by  a  majority  of  the  board;  all 
meetings  of  the  boards  shall  be  held  in  the  city  or  town 
wherein  their  respective  schools  are  located. 

Sec.  218.  The  principal  of  each  state  normal  school  shall 
have  a  general  supervision  of  the  school,  shall  see  that  all 
laws  and  all  rules  of  the  boards  of  trustees  are  observed  and 
obeyed  by  teachers  and  students,  that  the  course  or  courses 
of  study  prescribed  are  faithfully  pursued,  shall  assign  students 
to  their  proper  classes  or  grades,  and  unless  otherwise  specially 
provided,  he  shall  designate  the  work  to  be  performed  by  each 
teacher.  He  shall,  at  the  close  of  each  school  year,  make  a 
detailed  annual  report  to  the  board  of  trustees,  containing  a 
classified  catalogue  of  all  students  that  have  been  enrolled 
during  the  year,  and  such  other  information  as  he  may  deem 
advisable  or  as  the  board  may  require,  and  it  shall  be  his 
duty  to  superintend  the  printing  of  the  same.  It  shall  also 
be  his  duty,  when  required  by  the  board  of  trustees,  to  attend 
county  institutes  and  other  educational  gatherings,  and  to 
lecture  upon  educational  topics  that  are  calculated  to  enhance 


CODE  OF  PUBLIC  INSTRUCTION.  89 

the  interests   of   popular  education  or  of   his  school.     The  Expenses 

allowed. 

board  of  trustees  shall  audit  and  allow  all  his  necessary 
expenses  incurred  in  traveling. 

Sec.  219.  A  model  school  or  training  department  shall  Model  school. 
be  provided  for  each  state  normal  school  contemplated  by 
this  act,  in  which  all  students,  before  graduation,  shall  have 
actual  practice  in  teaching  for  not  less  than  twenty  weeks 
under  the  supervision  and  observation  of  critic  and  training 
teachers.  A  manual  training  department  for  each  school  fngschoo'K'" 
under  its  control  shall  also  be  provided,  and  a  suitable  teacher 
employed  for  each. 

Sec.  220.  Every  diploma  of  graduation  from  a  state  normal  ^j/'tlfi^^s*"'* 
school  or  certificate  issued  therefrom  shall  be  signed  by  the  ^^^'^^^'  *>°^  ■ 
president  of  the  board  of  trustees,  by  the  principal  and  the 
heads  of  departments  of  the  normal  school  at  which  the  holder 
graduated,  and  by  the  president  of  the  state  board  of  educa- 
tion; and  all  diplomas  or  certificates  shall  be  stamped  with 
the  seal  of  the  state  board  of  education.  Every  diploma  and 
certificate  shall  specifically  state  what  course  of  study  the  holder 
has  taken,  and  for  what  length  of  time  said  diploma  or  certifi- 
cate is  valid  as  a  certificate  to  teach  in  the  schools  of  this  state. 

Sec.  221.  No  charge  shall  be  made  against  anv  student  for  Tuition  free 

...  i"         1  1  •     *■"  residents. 

tuition,  in  any  of  the  normal  schools  contemplated  by  this 
act:  Provided,  That  said  student  is  a  bona  fide  resident  of 
this  state;  but  such  student  shall  be  required,  upon  entrance 
into  any  of  said  schools,  to  certify  upon  honor  that  it  is  his 
intention  to  pursue  the  vocation  of  teaching.      Students  from  Tuition  sioo  to 

.         non-residents. 

Other  states  or  territories  may  be  granted  scholarships  which 
shall  entitle  them  to  complete  any  course  of  study  prescribed 
by  the  board  of  higher  education  in  any  state  normal  school 
of  this  state,  upon  the  payment  of  one  hundred  dollars  each, 
which  sura  shall  be  placed  to  the  credit  of  the  normal  school 
which  such  student  shall  attend,  and  shall  be  expended  in  the 
purchase  of  books  or  apparatus  for  the  benefit  of  such  school. 
All  students  shall  be  required  to  furnish  satisfactory  evidence 
of  good  moral  character,  and  any  student  may  be  suspended 
or  expelled  from  any  state  normal  school  contemplated  by 
this  act,  who  is  found  to  be  immoral  or  who  refuses  to  comply 
with  the  rules  and  regulations  for  its  government. 

Sec.  222.   The   board  of  higher  education   shall    prescribe  Courses  of 

°  .  y  study. 

the  following  courses  of  study,  which  shall  be  uniform  for 
all  state  normal  schools  of  this  state:  An  elementary  course 
of  two  years;  an  advanced   course  of    four  years.      Students 


90 


CODE  OF  PUBLIC  INSTRUCTION. 


For  CO ! lege*! 
and  aofiediteii 
high  schools 


School  year, 
40  ■weeks. 


Certificates 
may  be 
revoked 
for  cause. 


Free  text- 
books. 


Deposit 
fee  -SIO. 


Library  fund. 


Requirements 
for  adrais&ion. 


completing  the  elementary  course  shall  receive  a  certificate 
which  shall  entitle  them  to  teach  in  the  common  schools  of 
the  state  for  a  period  of  five  years.  Students  completing  the 
advanced  course  shall,  after  satisfactory  evidence  shall  have 
been  furnished  of  their  having  successfully  taught  for  two 
years,  receive  a  diploma,  which  shall  mature  into  a  life  di- 
ploma issued  by  the  state  board  of  education.  The  board  of 
higher  education  shall  also  prescribe  two  courses  for  pro- 
fessional training  for  graduates  of  colleges  and  accredited 
high  schools;  namely,  one  course  of  one  year  and  another  of 
two  years.  Students  completing  the  one  year  course  shall 
receive  the  same  diploma  as  is  granted  for  the  regular  advanced 
course.  Those  completing  the  two  years'  course  shall  re- 
ceive a  diploma  which  shall  entitle  the  holder  to  teach  in 
the  common  schools  of  the  state  for  life:  Provided,  That 
no  one  shall  receive  a  diploma  or  certificate  in  any  course 
who  has  not  been  in  attendance  one  full  school  year  of 
forty  weeks,  and  who  has  not,  by  at  least  twenty  weeks' 
of  practice  teaching  in  the  training  school,  given  evi- 
dence of  fitness  for  teaching:  Provided  further,  That  any 
of  the  foregoing  certificates  and  diplomas  may  be  revoked 
by  the  state  board  of  education  for  good  and  sufficient 
reasons  of  immorality  or  incompetency.  The  board  of  higher 
education  shall  also  provide  a  uniform  system  of  rules  and 
regulations  for  admission  to  and  graduation  from  the  normal 
schools. 

Sec.  223.  No  student  shall  be  required  to  pay  for  the  use 
of  any  book  or  books  belonging  to  the  library  of  any  school 
contemplated  by  this  act,  but  the  board  of  trustees  may  re- 
quire the  deposit  of  a  sum  not  exceeding  ten  dollars  by  each 
student,  as  indemnity  for  the  loss  of  any  book  or  books,  or 
for  daiBage  done  to  any  book  or  books  by  such  student,  and 
such  sum  as  may  be  required  to  be  deposited,  less  25  per 
cent,  of  the  cost  price,  or  such  part  thereof  as  shall  not  be 
due  the  school  for  loss  of  or  damage  to  any  book  or  books, 
shall  be  returned  to  such  student  upon  his  retirement  from 
the  school.  All  sums  retained  for  loss  of  or  damage  to  books 
belonging  to  the  library  shall  be  expended  in  the  purchase  of 
other  books  for  the  use  of  the  school. 

Sec.  224.  No  person  shall  be  admitted  to  any  state  normal 
school  as  a  student  who  has  not  attained  the  age  of  sixteen 
years,  if  a  male,  or  of'fifteen  years  if  a  female,  nor  until  by  an 
entrance  examination  or  otherwise  he  or  she  shall  have  estab- 


CODE  OF  PUBLIC  ENSTRUCTION.  91 

lished  the  fact  that  he  or  she  is  qualified  to  enter  some  one  of 
the  grades  or  courses  of  study  provided  for  in  the  course  of 
study. 

Sec.  225.    It  shall  be  the  duty  of  the   principals  of  the  Annual 

.  meeting  ol 

several  state  normal  schools  contemplated  by  this  act  to  meet  principals, 
once  annually  to  consult  with  each  other  relative  to  matters 
concerning  their   school   work,    and   to   discuss   methods   of 
teaching  and  plans  of  management. 

Sec.  226.   Each  board  of  normal  school  trustees  shall  bien-  Biennial 

report. 

nially  on  or  before  the  first  day  of  October  next  preceding 
each  regular  session  of  the  state  legislature  of  this  state,  make, 
through  its  secretary,  a  report  to  the  governor  of  the  state, 
which  report  shall  be  included  with  and  constitute  a  part  of 
the  biennial  report  of  the  superintendent  of  public  instruction. 
Said  normal  school  report  shall  embrace  a  statement  of  the  Keport  con- 

t  tains  what. 

receipts  and  expenditures  of  the  schools,  and  the  purpose  for 
which  all  moneys  have  been  expended;  a  classified  catalogue 
of  all  students  enrolled  in  each  of  said  schools;  a  directory  of 
all  graduates  of  each  school  properly  classified;  the  course  or 
courses  of  study  pursued  in  the  several  schools  and  such  other 
information  as  may  be  deemed  advisable. 

Sec.  227.   No  normal  school  trustee  shall  be  awarded  any  Trustees  shall 

•'    have  no  peeun- 

contract  for  the  erection,    repair  or  the  furnishing  of  any '»ry  interest  in 

'  J^  o  J    any  contract. 

building  belonging  to  any  state  normal  school  contemplated 
by  this  act,  nor  for  the  furnishing  of  supplies  or  materials 
for  the  same;  and  no  such  trustee  shall  act  as  agent  for  any 
publishing  house  »^roposing  to  furnish  books  for  such  school. 
Any  trustee  whr  shall  violate  any  of  the  above  named  pro- 
visions shall,  u^ion  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  five  hundred  dollars,  and  his  office  as  such 
trustee  shall  be  declared  vacant. 

Chapter  4. —  School  for  Defective  Youth. 

Sec.  228.   The  school  for  the  education  of  the  deaf,  blind  ^g''*['''^^' 
and  feeble  minded  youth  of  the  State  of  Washington,  as  here- 
tofore located  and  maintained  at  "Vancouver,  Clarke  county, 
shall  continue  to  be  knows  as  the   "Washington  School  for 
Defective  Youth." 

Sec.  229.   Said  school  shall  be  free  to  all  resident  youth  f^^^Jo^**;- 
in  the  State  of  Washington,  who  are  too  deaf,  blind,  or  feeble 
minded  to  be  taught  by  ordinary  methods   in  other  public 
schools:    Provided,   They   are   free  from  vicious   habits   and 
from  loathsome  or  contagious  diseases. 


92 


CODE  OF  PUBLIC  INSTRUCTION. 


Management 
in  board 
of  rcBents. 


To  have  gen- 
ej-al  control. 


Appointment 
of  trustees. 


Term  of  office. 


C'onstitntion 
of  board. 


Official 
notice  of 
appointment. 


Regular 
meeting. 


Sec.  230.  Said  school  shall  be  under  the  management  of 
a  board  of  trustees,  consisting  of  five  persons  of  good  repute 
and  learning,  being  citizens  of  the  state,  nominated  by  the 
governor,  and  confirmed  by  the  senate. 

Sec.  281.  After  organization,  as  hereinafter  provided,  said 
board  of  trustees  and  their  successors  shall  have  the  manage- 
ment of  real  and  personal  property,  funds,  financial  business, 
and  all  general  and  public  interests  of  the  school,  with  power 
to  receive,  hold,  manage,  dispose  of,  and  convey  any  and  all 
real  and  personal  property  made  over  to  them  by  purchase, 
gift,  devise  or  bequest,  and  the  proceeds  and  interest  thereof, 
for  the  use  and  benefit  of  the  school. 

Sec.  232.  Vacancies  in  the  board  of  trustees,  occurring 
biennially  by  the  expiration  of  the  term  or  terms  of  a  member 
or  members,  shall  be  filled  by  nomination  by  the  governor,  at 
least  five  days  before  the  adjournment  of  the  legislature,  of  a 
trustee  or  trustees  to  be  confirmed  by  the  senate,  to  serve  for 
six  years  from  the  first  day  of  July  following  the  date  of  his 
or  their  confirmation,  and  until  his  or  their  successor  or  suc- 
cessors shall  be  appointed  and  confirmed. 

Sec.  233.  Vacancies  in  the  board  of  trustees,  caused  by  the 
death,  resignation,  departure  from  the  State  of  Washington, 
or  removal  for  cause  of  a  member  of  the  board,  shall  be  filled 
for  the  unexpired  balance  of  the  term,  by  the  appointment  of 
a  trustee  by  the  governor,  which  appointment  shall,  at  the 
session  of  the  legislature  held  next  thereafter,  be  submitted 
to  the  senate  for  confirmation. 

Sec.  234.  All  appointments  shall  be  such  that  the  board 
shall  always  contain  at  least  one  practical  educator,  one 
physician  and  one  lawyer. 

Sec.  235.  Official  notice  of  appointment  shall  be  given  to 
each  trustee,  by  the  secretary  of  state,  within  ten  days  from 
the  date  of  the  confirmation  of  said  trustees  by  the  senate. 

Sec.  236.  The  regular  annual  meeting  of  the  board  of 
trustees  shall  be  held  at  the  school  on  the  last  Wednesday  of 
May  in  each  year;  at  which  meeting  a  president,  a  vice  presi- 
dent and  a  treasurer  shall  be  elected  by  ballot  from  the  board, 
and  an  auditor  not  of  the  board,  each  to  serve  one  year  from 
the  first  day  of  July  following,  and  one  member  of  the 
executive  committee  to  serve  three  years  from  the  first  day 
of  July  following;  and  any  other  business  proper  to  come 
before  said  meeting  may  be  transacted:  Provided,  That  at 
the  regular  meeting  to  be  held  on  the  last  Wednesday  of  May, 


CODE  OF  PUBLIC  INSTRUCTION.  93 

1897,  the  trustees  shall  elect  a  director  of  the  school  not  of 
their  own  number,  who  shall  hold  his  office  until  removed 
for  cause  as  provided  in  this  act. 

Sec.  237.   The  treasurer   of   the  board  of   trustees   shall,  Treasurer's 

'   bond. 

within  thirty  days  from  the  date  of  his  election,  file  with  the 
secretary  of  the  State  of  Washington  a  duly  executed  and 
approved  bond,  in  the  sum  of  five  thousand  dollars  ($5,000), 
for  the  faithful  performance  of  his  duties  as  treasurer,  during 
his  term  of  office. 

Sec.  238.   The  board  of  trustees  shall,  at  the  time  of  the  Adopt 
first  meeting  above  provided  for,  adopt  suitable  by-laws  for 
its  own  government  in  the  transaction  of  business. 

Sec.  239.   Special  meetings  of  the  board  of  trustees  may  be  special 

^    ,  T  .  r     ^  •  •  -t  meetings. 

held  at  any  time,  on  request  or  the  executive  committee,  and 
shall  be  held  on  the  written  request  of  any  three  trustees. 
The  official  notification  of  each  special  meeting  shall  state 
the  business  to  be  transacted  at  said  meeting,  and  no  business 
other  than  that  so  stated  shall  be  brought  before  said  meet- 
ing. 

Sec.  240.   Three  members  of  the  board  of  trustees  shall  Quorum, 
constitute  a  quorum  for  the  transaction  of  business. 

Sec.  241.   Official  notice  of  each  meeting  of  the  board  of  Notice  of 

"  meetings. 

trustees  shall  be  issued  by  the  secretary  to  each  trustee,  at 
least  fifteen  days  before  the  date  of  such  meeting. 

Sec.  242.   The  executive  committee  shall  meet  at  the  school  Executive 

committee 

on  the  last  Wednesdays  of  August,  November,  February  and  meetings. 
May,  in  each  school  year,  and  at  other  times  as  often  as  may 
be  necessary  for  the  proper  performance  of  their  duties. 

Sec.  243.  The  executive  committee,  upon  their  visits  to  Dutiesof  the 
the  school,  shall  inspect  the  real  and  personal  property  of  the  committee, 
school;  shall  purchase  all  supplies  in  the  manner  authorized 
for  the  purchase  of  supplies  for  the  hospital  for  the  insane; 
shall  examine  the  accounts,  bills  and  vouchers,  and  shall 
draw  orders  on  the  treasurer  of  the  board  for  the  payment  of 
bills  approved;  and  at  suitable  times  shall  submit  the  accounts 
to  the  inspection  of  the  auditor. 

Sec.  244.   No  trustee  shall,  during  his  term  of  office,  have  Trustees  to 

,.  •      !•  1    •  .    •  .  havenopecun- 

any  direct  or  indirect  personal  interest  in  any  contract,  agree-  iary  interest  in 
ment  or  indebtedness  on  account  of  the  school  in  any  way. 

Sec.  245.   The  financial  and  official  year  of  the  school  shall  omciai  year, 
begin  on  the  first  day  of  July,  and  end  on  the  thirtieth  day 
of  June,  following. 

Skc.  246.   The  regular  term  of  school  shall  begin  on  the  Termor 


94 


CODE  OF  PUBLIC  INSTRUCTION. 


Biennial 
report. 


Duties  of  the 
director. 


Removal  of 
director. 


Non-resident 
pupils. 


Duty  of  district 
school  clerk. 


County  super- 
intendent 
to  report. 


last  Wednesday  of  August  in  each  year,  and  end  on  the  last 
Wednesday  of  May  following. 

Sec.  247.  At  each  regular  session  of  the  legislature  of  the 
State  of  Washington,  the  board  of  trustees  shall  present  to 
the  governor,  for  transmission  to  the  legislature,  a  full  report 
of  the  operations  of  the  school  during  the  previous  two  school 
years,  showing  the  amount,  condition  and  value  of  all  real 
and  personal  property  of  the  school,  receipts  and  expenditures 
of  money,  number  of  persons  employed,  and  amount  of  salary 
paid  to  each,  and  the  number  of  pupils  in  attendance. 

Sec.  248.  The  director  of  the  school  shall  be  a  competent 
expert  educator  of  defective  youth;  a  hearing  man  of  sound 
learning  and  morals,  not  under  thirty  nor  over  seventy  years 
of  age;  practically  acquainted  with  the  school  management 
and  class  instruction  for  the  deaf,  blind  and  feeble  minded. 
He  shall  reside  in  the  school  and  be  furnished  quarters,  heat, 
light  and  food. 

Sec.  249.  The  director  shall  be  responsible  for  the  care  of 
the  premises  and  property  of  the  school,  selection  and  con- 
trol of  employes,  regulation  of  the  household,  discipline  of 
the  school,  arrangement  and  execution  of  a  proper  course  of 
study,  training  of  the  pupils  in  morals  and  manners,  and  the 
general  oversight  of  all  internal  affairs  of  the  school,  and 
shall  lay  before  the  regular  annual  meeting  of  the  board  of 
trustees,  on  the  last  Wednesday  of  May  in  each  year,  a  full 
report  of  the  operation  of  the  school  during  the  previous 
school  year. 

Sec.  250.  The  director  may  be  removed  at  any  time  by  a 
three-fifths  vote  of  the  full  board  of  trustees  for  misconduct, 
incapacity,  mismanagement,  inefficiency  or  immorality. 

Sec.  251.  Defective  youth  not  residing  in  the  state  shall 
be  admitted  on  such  terms  and  conditions  as  may  be  prescribed 
by  the  board  of  trustees. 

Sec.  252.  It  shall  be  the  duty  of  the  clerks  of  all  school  dis- 
tricts in  the  State  of  Washington  at  the  time  for  making  the  an- 
nual reports  to  report  to  the  school  superintendent  of  their 
respective  counties  the  names  of  all  deaf,  mute,  blind  or  feeble 
minded  youth  residing  within  their  respective  districts  who 
are  between  the  age  of  six  and  twenty-one  years. 

Sec.  253.  It  shall  be  the  duty  of  each  county  school  super- 
intendent to  make  a  full  and  specific  report  of  such  defective 
youth  to  the  county  commissioners  of  his  county  at  the  reg- 
ular meeting  of  said  commissioners  held  in  August  in  each 


CODE  OF  PUBLIC  INSTRUCTION.  95 

year.  He  shall  also,  at  the  same  time,  transmit  a  duplicate 
copy  of  said  report  to  the  director  of  the  Washington  school 
for  defective  youth. 

Sec.  254.  It  shall  be  the  duty  of  the  parents  or  the  guard-  ^t*;;°Xnce*' 
ians  of  all  such  defective  youth  to  send  them  each  year  to 
the  said  state  school  for  defective  youth.  The  county  super- 
intendent shall  take  all  action  necessary  to  enforce  this  section 
of  this  act:  Provided,  That  if  satisfactory  evidence  shall  be 
laid  before  the  county  superintendent  that  any  defective 
youth  is  being  properly  educated  at  home  or  in  some  suitable 
institution  other  than  the  Washington  school  for  defective 
youth,  the  county  superintendent  shall  take  no  other  action 
in  such  case  further  than  to  make  a  record  of  such  fact,  and 
take  such  steps  as  may  be  necessary  to  satisfy  himself  that 
said  defective  youth  shall  continue  to  receive  a  proper 
education. 

Sec.  255.   If  it  appears  to  the  satisfaction  of  the  county  Expenses  of 

.  indigent 

commissioners  that  the  parents  of  any  such  defective  youth  pupils, 
within  their  county  are  unable  to  bear  the  expense  of  sending 
them  to  said  State  school,  it  shall  then  be  the  duty  of  the 
commissioners  to  send  them  to  such  school  at  the  expense  of 
the  county. 

Sec.  256.  Any  parent,  guai'dian,  school  superintendent  or  Penalty, 
county  commissioner  who  shall,  without  a  proper  cause,  fail 
to  carry  into  effect  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  upon 
the  complaint  of  any  officer  or  citizen  of  the  county  or  state, 
before  any  justice  of  the  peace  or  superior  court,  shall  be 
fined  in  any  sum  not  less  than  fifty  nor  more  than  two  hundred 
dollars,  in  the  discretion  of  the  court. 

TITLE  v.— REPEALING  AND  EMERGENCY  CLAUSES. 

Sec.  257.  This  act  shall  be  known  and  cited  as  the  Code  of  Repealing 
Public  Instruction  of  the  State  of  Washington,  and  shall  school  laws. 
be  construed  as  repealing  chapter  vi  of  title  iii,  chapter  vii  of 
title  V,  all  of  title  x  except  chapter  xvii  thereof,  chapter  iv 
of  title  L,  all  being  of  volume  i  of  Hill's  Annotated  Statutes 
and  Codes  of  Washington;  and  also  repealing  all  amendments 
thereto:  also  repealing  an  act  entitled  "An  act  concerning  the 
formation  of  new  school  districts,  changing  the  boundaries 
and  transferring  territory  from  one  district  to  another,"  ap- 
proved March  9,  1893;  also  repealing  an  act  entitled  "An  act 
to  provide  for  the  management  and  control  of  state  normal 


96  CODE  OF  PUBLIC  INSTRUCTION. 

schools  in  the  State  of  Washington,"  approved  March  10, 
1893,  and  all  amendments  thereto;  also,  repealing  an  act 
entitled  "An  act  granting  to  school  districts  the  right  to  pur- 
chase school  house  sites  of  school  lands  belonging  to  the  State 
of  Washington  of  not  less  than  one  acre  and  not  more  than  five 
acres,  and  granting  to  school  districts  the  preference  right  to 
purchase  such  sites,  and  declaring  an  emergency,"  approved 
February  26,  1895;  also  repealing  an  act  entitled  "An  act  re- 
lating to  the  indebtedness  of  school  districts,  providing  means 
and  methods  for  paying  and  funding  the  same,  and  means  for 
validating  the  same  or  any  part  thereof  incurred  in  excess  of 
one  and  one-half  per  centum  of  the  taxable  property  of  the 
school  district,  without  the  assent  of  three-fifths  of  the  voters 
of  the  school  district  voting  at  an  election  held  for  that  pur- 
pose, and  declaring  that  an  emergency  exists  for  the  taking 
effect  of  this  act  on  its  passage  and  approval  by  the  gov- 
ernor," approved  March  1,  1895;  also  repealing  an  act  entitled 
"An  act  to  provide  for  the  formation  of  joint  school  districts, 
and  to  prescribe  the  minimum  number  of  school  children  re- 
quired for  the  formation  of  new  school  districts',  and  declaring 
an  emergency,"  approved  March  13,  1895;  also  repealing  an 
act  entitled  "An  act  to  authorize  counties,  cities,  towns  and 
school  districts  to  provide  temporary  funds  for  current  ex- 
penses in  anticipation  of  revenue,"  approved  March  20,  1895. 
Emergency.  Sec.  258.   Whcrcas,  this  act  is  amendatory  of  all  existing 

school  laws,  and  is  for  the  purpose  of  harmonizing  existing 
inconsistencies  and  unifying  the  school  laws  of  this  state: 
therefore,  an  emergency  is  declared  to  exist,  and  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  signature  by  the 
governor  of  this  state. 


REGISTRATION  OF  VOTERS.  97 


REGISTRATION  OF  VOTERS  IN  SCHOOL  ELECTIONS. 

[Chapter  xxxii,  Session  Laws  of  1897.] 

An  Act  to  provide  for  the  registration  of  voters  in  all  school  elec- 
tions, in  school  districts  having  a  population  of  ten  thousand  or 
more  inhabitants,  and  regulating  elections  in  such  districts. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  1.  No  person  shall  vote  at  any  school  election,  womeumust 
either  general  or  special,  to  be  held  in  any  school  district  in 
this  state  having  a  population  of  ten  thousand  or  more  in- 
habitants, as  shown  by  any  regular  or  special  census,  unless 
he  or  she  shall  have  previously  complied  with  the  require- 
ments as  to  registration,  as  in  this  act  provided. 

Sec.  2.   The  secretary  of  the  board  of  education  in  each  dis-  Secretary 

•  •  <•     I  •  111       board  educa- 

trict  subject  to  the  provisions  of  this  act  shall  keep  the  books  tiou  shall  reg- 

.,,«  Till  •  1-      ister  voters. 

of  registration  herein  provided  for,  and  shall  register  therein 
the  names  of  all  duly  qualified  voters  in  his  district,  on  appli- 
cation, in  the  manner  and  at  the  times  herein  specified. 

Sec.  3.   The  board  of  education  of  each  district  subject  to  Board  of 

education  to 

the  provisions  of  this  act,  shall  furnish  the  secretary  of  such  furnish  blanks 

and  books 

board,  at  the  expense  of  the  district,  all  blanks  and  books  of  andpayaii 

•  IT  -I'l-  1  <•  !•     expenses. 

registration  herein  provided  for,  within  thirty  days  after  this 
act  shall  become  a  law.  Thereafter,  after  each  general  elec- 
tion of  members  of  the  board  of  education,  the  newly  elected 
board  shall  furnish  to  the  secretary  and  cause  to  be  opened 
new  books  for  the  registration  of  voters.  The  boards  of  edu- 
cation of  each  district  shall  furnish,  at  the  expense  of  their  re- 
spective districts,  all  funds  necessary  for  carrying  out  the 
provisions  of  this  act. 

Sec.  4.  The  books  of  registration  shall  be  opened  for  the  Registration 
purposes  of  registration,  at  the  office  of  the  secretary  of  the  ^"hen*."''^"' 
board  of  the  district,  on  each  day  between  the  hours  of 
9  o'clock  A.  M.  and  4  o'clock  p.  m.,  on  each  day  except  legal 
holidays,  and  they  shall  be  closed  and  no  names  shall  be 
registered  therein  during  the  five  days  preceding  any  special 
election,  and  during  the  ten  days  preceding  any  general 
election  held  in  such  district.     The  secretary  of  the  board  Notice  to  be 

•'  published 

shall   give  notice  of  the  closing  of  the  books  of  resfistration  °*!  ?'*"*,'"« 

=>  *  °  of  books. 

in  his  district  by  notice  published  in  a  newspaper  of  general 
circulation,  published  in  his  district,  at  least  ten  days  before 
the  day  for  closing  said  books. 
—7 


98 


REGISTRATION  OF  VOTERS. 


Registration 
rcqiiireil  but 
once  each 
year. 


Prerequisites 
to  registration. 


Registration 
books. 


Registration 
districts. 


Form  of 

registration 

record. 


Sec.  5.  Registration  shall  not  be  required  more  than  once 
in  each  year.  All  persons,  male  or  female,  who  are  qualified 
electors  under  the  provision  of  this  act,  shall  be  entitled  to 
registration  on  application  to  the  secretary  of  the  board  of 
education  of  the  district  in  which  they  may  reside:  Provided^ 
Such  elector  shall  have  been  a  resident  of  the  state  for  one 
year,  of  the  county  ninety  days,  and  of  the  voting  precinct 
thirty  days  prior  to  the  next  general  or  special  school  election 
to  be  held  in  such  district.  No  person  shall  vote  at  any  such 
election  except  in  the  precinct  where  he  or  she  has  resided  for 
the  length  of  time  above  specified. 

Sec.  6.  There  shall  be  provided  by  the  board  of  education 
in  each  district,  and  kept  by  the  secretary  of  such  board,  a 
separate  book  of  registration  for  each  school  election  precinct 
in  the  district.  Each  ward  in  any  city  within  which  the 
whole  or  any  portion  of  a  school  district  may  be  situate,  shall 
be  a  voting  precinct  for  all  general  or  special  school  elections. 
The  book  of  registration  shall  bear  the  name  or  number  of 
the  precinct  to  which  it  belongs.  In  case  the  whole  or  any 
portion  of  any  such  district  shall  lie  without  the  limits  of  any 
incorporated  city,  the  board  of  education  of  such  district  shall 
subdivide  such  outlying  territory  into  voting  precincts,  so 
that  each  precinct  shall  contain  as  near  as  may  be  five  hun- 
dred inhabitants,  and  after  the  boundaries  of  such  precincts 
shall  have  been  established,  said  territory  shall  not  be  re- 
districted  oftener  than  once  in  three  years,  and  not  then  un- 
less one  or  more  of  the  precincts  thereof  shall  have  attained 
a  population  of  more  than  five  hundred  inhabitants.  In  case 
the  authorities  of  any  city,  within  which  the  whole  or  any 
portion  of  any  district  may  lie,  shall  cause  the  boundaries  of 
the  wards  of  such  city  to  be  changed  after  the  opening  of  the 
books  of  registration  for  the  school  district,  the  voting  pre- 
cincts of  such  district  shall  conform  to  the  lines  of  the  wards 
as  established  when  said  books  were  opened  until  the  next  set 
of  books  shall  be  opened,  at  which  time  said  new  books  and 
the  voting  precincts  of  such  district  shall  conform  to  the 
boundaries  of  the  wards  as  then  established. 

Sec.  7.  The  books  of  registration  aforesaid  shall  be  so 
arranged  as  to  admit  the  alphabetical  classification  of  the 
names  of  the  voters,  and  ruled  in  parallel  columns  with 
appropriate  heads,  as  follows:  Date  of  registration,  name, 
age,  occupation,  place  of  residence,  place  of  birth,  time  of 
residence  in  the  state,  county  and  precinct,  and  if  of  foreign 


REGISTRATION  OF  VOTERS.  99 

birth,  name  and  place  of  court  and  date  of  declaration  of  in- 
tention to  become  a  citizen  of  the  United  States,  or  date  of 
naturalization,  and  with  the  column  for  signature  and  one  for 
remarks,  and  one  column  for  checking  the  name  of  voter  at 
the  time  of  voting.  Under  head  of  place  of  residence  shall 
be  noted  the  number  of  lot  and  block,  or  number  and  street 
where  the  applicant  resides,  or  some  other  definite  description 
sufficient  to  locate  the  residence,  and  the  voter  so  registering 
as  provided  in  this  section  shall  sign  his  or  her  name  on  the 
registry  opposite  the  entries  above  required,  in  the  column 
headed  "Signature,"  and  in  case  any  voter  shall  not  be 
capable  of  writing  his  or  her  name  he  or  she  shall,  on  the  left 
hand  margin  of  said  column,  make  his  or  her  mark  by  cross 
or  such  other  mark  as  is  usual  in  indicating  his  or  her  signa- 
ture, and  some  person  who  is  personally  known  to  said  voter, 
and  is  personally  known  to  the  registering  officer,  and  who  is 
capable  of  writing  his  or  her  name,  shall  sign  in  said  column 
immediately  opposite  said  mark  as  an  identifying  witness 
thereto. 

Sec.  8.  No  person  shall  be  registered  unless  he  or  she  Must  register 
appears  in  person  before  the  secretary  of  the  board  of  edu- 
cation in  the  district  in  which  such  elector  resides,  during 
the  hours  the  books  are  opened  for  registration,  and  answers 
truly  the  questions  that  may  be  put  to  him  or  her  touching 
his  or  her  qualifications  to  vote  in  such  district,  and  shall 
also  make  and  subscribe  the  following  oath: 

State  of  Washington,  County  of ,  ss. 

I, ,  do  solemnly  swear  (or  affirm)  that  I  am  a  legally  Oath  to  be 

qualified  school  elector,  under  the  laws  of  the  State  of  Washington,  *'^'^*'"- 
and  that  I  have  been  an  actual  permanent  resident  of  said  state  for 

eleven  months  and  twenty  days  last  past,  and  of  the  co for 

eight}'  days,  last  past,  and  the precinct  twenty  days  last  past, 

and  that  I  have  not  lost  my  civil  rights  by  reason  of  being  con- 
victed of  any  infamous  crime. 

Subscribed  and  sworn  to  before  me  this day  of 

Said  affidavit  shall  be  filed  and  preserved  by  the  secretary 
of  the  board  for  at  least  two  years. 

Sec.  9.   The  secretaries  of    the   boards   of    education   are  secretaries 
hereby  empowered  to  administer  all  necessary  oaths  in  exam-  f^a'irmhv* 
ining  applicants  for  registration,  or  any  witnesses  that  may  '*^*'*'* 
be  offered  on  behalf  of  any  applicant.      The  said  secretary 
shall  examine  carefully  any  applicant  whose  right  to  register 
he  may  doubt,  or  who  may  be  challenged,  and  if  the  appli- 


100 


REGISTRATION  OF  VOTERS. 


Penalty  for 
false  oath. 


Change  of  resi- 
dence of  reg- 
istered voter. 


ChallenKe, 
and  method 
of  proced- 
ure under. 


Board  to  ap 
point  election 
oflBcers. 


cant  shall  be  entitled  to  vote  at  the  next  election  he  or  she 
shall  be  registered,  otherwise  not. 

Sec.  10.  If  any  person  shall  falsely  swear  or  affirm  in  tak- 
ing the  oath  or  making  the  affirmation  herein  prescribed,  or 
shall  falsely  personate  another  and  procure  the  person  so  per- 
sonated to  be  registered,  or  if  any  person  shall  represent  his 
name  to  the  secretary  or  officer  of  registration  to  be  different 
from  what  it  actually  is,  and  cause  such  name  to  be  regis- 
tered, or  if  any  person  shall  cause  any  name  to  be  placed 
upon  the  registry  list  otherwise  than  in  the  manner  provided 
in  this  act,  he  or  she  shall  be  guilty  of  a  felony,  and  upon 
conviction  be  punished  by  confinement  in  the  penitentiary  not 
more  than  five  nor  less  than  one  year. 

Sec.  II.'  If  any  elector  shall,  during  the  year  for  which 
he  or  she  may  be  registered,  change  his  or  her  place  of  resi- 
dence from  the  precinct  in  which  he  or  she  is  registered,  he 
or  she  shall  apply  to  the  secretary  of  the  board  to  have  said 
removal  noted.  The  secretary  shall  run  a  red  ink  line  across 
the  name  in  the  precinct  book  in  which  said  applicant  shall 
be  registered,  and  likewise  note  said  removal  in  the  column 
headed  "Remarks"  in  said  book,  and  thereupon  the  said  sec- 
retary shall  enter  the  name  and  re-register  the  elector  in  the 
registration  book  of  the  ward  to  which  he  or  she  has  re- 
moved. 

Sec.U2.  Registration  under  the  provisions  of  this  act  shall 
he  prima  facie  evidence  of  the  right  of  the  elector  to  vote  at 
any  general  or  special  school  election  held  within  the  district 
during  the  year  for  which  said  elector  is  registered.  If  any 
person  duly  registered  is  challenged,  it  shall  be  the  duty  of 
the  judges  of  election  to  examine  the  challenger  and  any  wit- 
nesses that  may  be  produced  on  oath,  touching  the  right  of 
such  elector  to  vote;  the  judges  shall  then,  unless  they  dis- 
miss said  challenge,  examine  the  proposed  elector  on  oath, 
and  if  it  appears  that  said  elector  is  entitled  to  vote  at  said 
election,  his  or  her  vote  shall  be  received,  otherwise  rejected. 
Any  person  swearing  falsely  before  any  judge  of  election,  on 
the  hearing  of  any  such  challenge,  shall  be  deemed  guilty  of 
perjury,  and  shall  be  subjected  to  the  pains  and  penalties  of 
perjury. 

Sec.  13.  The  board  of  education  in  each  district  to  which 
this  act  applies  shall,  at  their  last  regular  meeting  before  any 
general  or  special  school  election  to  be  held  in  their  district, 
appoint  two   judges  of  election  and  one  clerk  for  each  voting 


REGISTRATION  OF  VOTERS.  101 

precinct  within  such  district.  Both  the  judges  and  the  clerk 
shall  be  qualified  school  electors  in  the  precinct  for  which 
they  are  appointed. 

Sec.  14.  On  the  morning  of  any  general  or  special  school 
election  the  secretary  of  the  board  shall  deliver  to  the  clerk 
of  each  voting  precinct  within  his  district,  the  original  book 
of  registration  of  the  precinct  for  which  such  clerk  was  ap- 
pointed.     Each  clerk  of  election  shall  return  the  book  of  reg-  Registration 

'■  .  /•      1  T  1       record  deliv- 

istration  entrusted  to  him  to  the  secretary  of  the  board  at  the  ered  to  cicrk 

of  election. 

time  of  the  delivery  of  the  ballots  cast  in  the  precinct  at  such 
election,  and  it  shall  be  unlawful  for  any  clerk  or  any  judge 
of  election,  to  cause  or  allow  any  marks  or  alterations  to  be 
made  in  said  book  while  the  same  is  in  their  possession,  other 
than  a  proper  check  mark  when  a  ballot  is  cast,  to  indicate 
the  party  voting. 

Sec.  15.  The  manner  of  voting  at  school  elections  shall  be 
the  same  as  is  now  provided  by  law.     The  board  of  education  Board  to  pro- 

^  ^  ''  ^  _  vide  suitable 

in  each  district  shall  provide  suitable  polling  places,  at  a  polling  places. 
school  house  in  each  ward  or  precinct,  and  if  there  is  no 
school  house  in  any  ward  or  precinct,  then  at  some  other 
suitable  place  in  said  ward  or  precinct,  to  be  designated  by 
the  board;  but  no  ward  or  precinct  shall  have  more  than  one 
polling  place.  The  voting  place  in  each  ward  or  precinct 
shall  be  named  and  designated  by  the  board  in  the  notice 
calling  such  election. 

Sec.  16.  Nothing  in  this  act  contained  shall  be  construed 
as  a  repeal  of  an  act  entitled  "An  act  to  establish  a  system  of 
common  schools  in  cities  of  ten  thousand  or  more  inhabitants, 
and  to  provide  for  properly  maintaining,  governing  and  grad- 
ing the  same,"  approved  March  20,  1890,  except  in  so  far  as 
this  act  shall  be  in  conflict  therewith,  but  this  act  shall  be 
construed  as  amendatory  and  supplementary  thereto. 

Passed  the  House  February  9,  1897. 
Passed  the  Senate  February  25,  1897. 
Approved  by  the  Governor  March  4,  1897. 


103  VIVISECTION  AND  DISSECTION. 


RELATING  TO  VIVISECTION  AND  DISSECTION. 

[  Chapter  xvi,  Session  Laws  of  1897.] 

An  Act  to  prevent  vivisection  and  regulate  dissection  in  the  schools 
of  the  State  of  Washington,  except  medical  and  dental  schools, 
or  medical  department  of  any  school,  and  providing  a  penalty 
thei'efor. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 

Section  1.  No  teacher  or  otber  person  employed  in  any 
school  in  the  State  of  Washington,  except  medical  or  dental 
school,  or  medical  or  dental  department  of  any  school,  shall 
practice  vivisection  upon  any  vertebrate  animal  in  the  presence 
of  any  pupil  in  said  school,  or  any  child  or  minor  there  pres- 
ent; nor  in  such  presence  shall  exhibit  any  vertebrate  animal 
upon  which  vivisection  has  been  practiced. 

Sec,  2.  Dissection  of  dead  animals,  or  any  portion  thereof, 
in  the  schools  of  the  State  of  Washington,  in  no  instance  shall 
be  for  the  purpose  of  exhibition,  but  in  every  case  shall  be 
confined  to  the  class  room  and  the  presence  of  those  pupils 
engaged  in  the  study  to  be  illustrated  by  such  dissection. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars. 

Passed  the  House  January  26,  1897. 

Passed  the  Senate  February  11,  1897. 

Approved  by  the  Governor  February  17,  1897. 


CERTIFICATE. 


I  hereby  certify  that  the  foregoing  session  laws  of  1897  are  true 
copies'of  the  enrolled  bills  now  on  file  in  the  office  of  the  Secretary 
of  State. 

Will  D.  Jenkins, 
Oltmpia,  Wash.,  Secretary  of  State. 

April  1,  1897. 


^PPEN^DIX. 


STATE  CONSTITUTION— OFFICIAL  OPINIONS  AND 
RULINGS  ON  QUESTIONS  OF  SCHOOL  LAW- 
FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND 
TEACHERS. 


CONSTITUTION,  STATE  OF  WASHINGTON. 


PREAMBLE. 


WE,    THE    PEOPLE    OF    THE    STATE    OF  'WASHINGTON,    GEATEFUI.    TO    THE    SXTPEEME 
EULKE  OF  THE  UNIVEESE  FOE  OtTE  LIBERTIES,  DO  OBDAXN  THIS  CONSTITUTION. 


A.RTICLE   I.  —  DECLARATION    OF   RIGHTS. 

Section  1.   All  political  power  is  inherent  in  the  people,  Political 
and  governments  derive  their  just  powers  from  the  consent  of 
the  governed,  and  are  established  to  protect  and  maintain  in- 
dividual rights. 

Sec.  2.  The  Constitution  of  the  United  States  is  the  su- Supreme  law. 
preme  law  of  the  land. 

Sec.  3.   No  person  shall    be   deprived    of   life,   liberty  or  Right  of  trial, 
property  without  due  process  of  law. 

Sec.  4.   The  right  of  petition,  and  of  the  people  peaceably  ^^fll^^^J 
to  assemble  for  the  common  good,  shall  never  be  abridged. 

Sec.  5.   Every  person  may  freely  speak,  write  and  publish  ^^^^^^P^g^*^** 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right. 

Sec.  6.   The  mode  of  administering  an  oath,  or  aflSrmation,  ^^^llgig*)."^  ^^' 
shall  be  such  as  maybe  most  consistent  with  and  binding  upon 
the  conscience  of  the  person  to  whom  such  oath,  or  aflBrmation, 
may  be  administered. 

Sec.  7.   No  person  shall  be  disturbed  in  his  private  affairs.  Private  affairs 

.  sacred. 

or  his  home  invaded,  without  authority  of  law. 

Sec.  8.  No  law  granting  irrevocably  any  privilege,  fran- 
chise or  immunity  shall  be  passed  by  the  legislature. 

Sec.  9.  No  person  shall  be  compelled  in  any  criminal  case  immunity 

.  .  .  •        •  J      from  self  con- 

to  give  evidence  against  himself,  or  be  twice  put  in  jeopardy  viction. 
for  the  same  offense. 

Sec.  10.   Justice  in  all  cases  shall  be  administered  openly, 
and  without  unnecessary  delay. 

Sec.  11.   Absolute  freedom  of  conscience  in  all  matters  of  J^berTy""* 
religious  sentiment,  belief,  and  worship,  shall  be  guaranteed  to 
every  individual,  and  no  one  shall  be  molested  or  disturbed 
in  person  or  property  on  account  of  religion,  but  the  liberty 
of  conscience  hereby  secured  shall  not  be  so  construed  as  to 

excuse  acts  of  licentiousness,  or  justify  practices  inconsistent 

(105) 


106 


STATE  CONSTITUTION 


Special  priv- 
ileges shall  not 
be  granted. 


Writ  of  habeas 
corpus. 


Kxcessive  bail. 


Taking  of  pri- 
vate property. 


No  imprison- 
ment for  debt. 


Military  sub- 
ordinate. 


with  the  peace  and  safety  of  the  state.  No  public  money  or 
property  shall  be  appropriated  for  or  applied  to  any  religious 
worship,  exercise  or  instruction,  or  the  support  of  any  re- 
ligious establishment.  No  religious  qualification  shall  be 
required  for  any  public  office  or  employment,  nor  shall  any 
person  be  incompetent  as  a  witness  or  juror  in  consequence  of 
his  opinion  on  matters  of  religion,  nor  be  questioned  in  any 
court  of  justice  touching  his  religious  belief  to  affect  the 
weight  of  his  testimony. 

Sec.  12.  No  law  shall  be  passed  granting  to  any  citizen, 
class  of  citizens,  or  corporation  other  than  municipal,  privi- 
leges or  immunities  which  upon  the  same  terms  shall  not 
equally  belong  to  all  citizens  or  corporations. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  unless  in  case  of  rebellion  or  invasion  the 
public  safety  requires  it. 

Sec.  14.  Excessive  bail  shall  not  be  required,  excessive 
fines  imposed,  nor  cruel  punishment  inflicted. 

Sec.  15.  No  conviction  shall  work  corruption  of  blood,  nor 
forfeiture  of  estate. 

Sec.  16.  Private  property  shall  not  be  taken  for  private 
use,  except  for  private  ways  of  necessity,  and  for  drains, 
flumes  or  ditches  on  or  across  the  lands  of  others  for  agricul- 
tural, domestic  or  sanitary  purposes.  No  private  property 
shall  be  taken  or  damaged  for  public  or  private  use  without 
just  compensation  having  been  first  made,  or  paid  into  court 
for  the  owner,  and  no  right-of-way  shall  be  appropriated  to 
the  use  of  any  corporation  other  than  municipal,  until  full 
compensation  therefor  be  first  made  in  money,  or  ascertained 
and  paid  into  the  court  for  the  owner,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  corporation,  which 
compensation  shall  be  ascertained  by  a  jury,  unless  a  jury  be 
waived  as  in  other  civil  cases  in  courts  of  record,  in  the  man- 
ner prescribed  by  law.  Whenever  an  attempt  is  made  to  take 
private  property  for  a  use  alleged  to  be  public,  the  question 
whether 'the  contemplated  use  be  really  public  shall  be  a 
judicial  question,  and  determined  as  such  without  regard  to 
any  legislative  assertion  that  the  use  is  public. 

Sec.  1*7.  There  shall  be  no  imprisonment  for  debt,  except 
in  cases  of  absconding  debtors. 

Sec.  18.  The  military  shall  be  in  strict  subordination  to 
the  civil  power. 

Sec.  19.   All  elections  shall  be  free  and  equal,  and  no  power. 


STATE  CONSTITUTION.  107 

civil  or  military,  shall  at  any  time  interfere  to  prevent  the  Elections 

•    1         c         rf  must  be  free 

free  exercise  of  the  right  of  suffrage.  and  equal. 

Sec.  20.   All  persons   charged  with  crime  shall  be  bailable  Bail, 
by  suflScient   sureties,  except   for  capital  offenses,    when  the 
proof  is  evident,  or  the  presumption  great. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  inviolate,  RiRht  of  trial 
but  the  legislature  may  provide  for  a  jury  of  any  numberless 
than  twelve  in  courts  not  of  record,  and  for  a  verdict  of  nine 
or  more  jurors  in  civil  cases  in  any  court  of  record,  and  for 
waiving  of  the  jury  in  civil  cases  where  the  consent  of  the 
parties  interested  is  given  thereto. 

Sec.  22.   In  criminal   prosecutions,  the  accused  shall  have  Kight  of  de- 

^  _  fense  in  court. 

the  right  to  appear  and  defend  in  person  and  by  counsel,  to 
demand  the  nature  and  cause  of  the  accusation  against  him,  to 
have  a  copy  thereof,  to  testify  in  his  own  behalf,  to  meet  the 
witnesses  against  him  face  to  face,  to  have  compulsory  process 
to  compel  the  attendance  of  witnesses  in  his  own  behalf,  to  have 
a  speedy  public  trial  by  an  impartial  jury  of  the  county  in 
which  the  offense  is  alleged  to  have  been  committed,  and  the 
right  to  appeal  in  all  cases;  and  in  no  instance  shall  any  accused  ^pp^°*^ 
person  before  final  judgment  be  compelled  to  advance  money 
or  fees  to  secure  the  rights  herein  guaranteed. 

Sec.  23.   No  bill  of  attainder,  ex  post  facto  law,  or  law  im-  Ex  post  facto 
pairing  the  obligations  of  contracts  shall  ever  be  passed. 

Sec.  24.  The  right  of  the  individual  citizen  to  bear  arms  in  Right  to 

°  l^ear  arms. 

defense  of  himself  or  the  state  shall  not  be  impaired,  but 
nothing  in  this  section  shall  be  construed  as  authorizing  in- 
dividuals or  corporations  to  organize,  maintain  or  employ  an 
armed  body  of  men. 

Sec.  25.   Offenses  heretofore  required  to  be  prosecuted  by  Prosecution  by 

■*  .         '  •'    information. 

indictment  may  be  prosecuted  by  information  or  by  indict- 
ment, as  shall  be  prescribed  by  law. 

Sec.  26.   No  grand  jury  shall  be  drawn  or  summoned  in  any  Grand  jury, 
county,  except  the  superior  judge  thereof  shall  so  order. 

Sec.  27.   Treason  against  the  state  shall  consist  only  in  levy- Treason. 

ing  war  against  the  state,  or  adhering  to  its  enemies,  or  in 
giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  confession  in  open  court. 

Sec  28.   No    hereditary  emoluments,  privileges  or  powers 
shall  be  granted  or  conferred  in  this  state. 

Sec  29.   The  provisions  of  this  constitution  are  mandatory  constitution 
unless  by  express  words  they  are  declared  to  be  otherwise. 


108 


STATE  CONSTrrUTION. 


StanditiK 
(irmy. 


Sec.  30.  The  enumeration  in  this  constitution  of  certain 
rights  shall  not  be  construed  to  deny  others  retained  by  the 
people. 

Skc.  31.  No  standing  army  shall  be  kept  up  by  this  state  in 
time  of  peace,  and  no  soldiers  shall  in  time  of  peace  be  quar- 
tered in  any  house  without  the  consent  of  its  owner,  nor  in 
time  of  war  except  in  the  manner  prescribed  by  law. 

Sec.  32.  A  frequent  recurrence  to  fundamental  principles 
is  essential  to  the  security  of  individual  right  and  the  perpe- 
tuity of  free  government. 


Legislature. 


Limited  mein- 
bership. 


State  census. 


First  election 
of  representa- 
tives. 


Tenure  of 
office. 

Second  and 
subsequent 
elections. 


ARTICLE  II. LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  powers  shall  be  vested  in  a  senate 
and  house  of  representatives,  which  shall  be  called  the  legis- 
lature of  the  State  of  Washington. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of 
not  less  than  sixty-three  nor  more  than  ninety-nine  members. 
The  number  of  senators  shall  not  be  more  than  one-half  nor 
less  than  one-third  of  the  number  of  members  of  the  house  of 
representatives.  The  first  legislature  shall  be  composed  of 
seventy  members  of  the  house  of  representatives  and  thirty- 
five  senators. 

Sec.  3.  The  legislature  shall  provide  by  law  for  an  enumer- 
ation of  the  inhabitants  of  the  state  in  the  year  one  thousand 
eight  hundred  and  ninety-five,  and  every  ten  years  thereafter; 
and  at  the  first  session  after  such  enumeration,  and  also  after 
each  enumeration  made  by  the  authority  of  the  United  States, 
the  legislature  shall  apportion  and  district  anew  the  members 
of  the  senate  and  house  of  representatives,  according  to  the 
number  of  inhabitants,  excluding  Indians  not  taxed,  soldiers, 
sailors  and  officers  of  the  United  States  army  and  navy  in 
active  service. 

Sec.  4.  Members  of  the  house  of  representatives  shall  be 
elected  in  the  year  eighteen  hundred  and  eighty-nine,  at  the 
time  and  in  the  manner  provided  by  this  constitution,  and 
shall  hold  their  offices  for  the  term  of  one  year  and  until  their 
successors  shall  be  elected. 

Sec.  5.  The  next  election  of  the  members  of  the  house  of 
representatives  after  the  adoption  of  this  constitution  shall  be 
on  the  first  Tuesday  after  the  first  Monday  of  November, 
eighteen  hundred  and  ninety,  and  thereafter,  members  of  the 
house  of  representatives  shall  be  elected  biennially,  and  their 
term  of  office  shall  be  two  years;  and  each  election  shall  be  on 


STATE  CONSTITUTION.  109 

the  first  Tuesday  after  the  first  Monday  in  November,  unless 
otherwise  changed  by  law. 

Sec.  6.   After  the  first  election  the  senators  shall  be  elected  Election  of 

state  senators. 

by  single  districts  of  convenient  and  contiguous  territory  at 
the  same  time  and  in  the  same  manner  as  members  of  the 
house  of  representatives  are  required  to  be  elected,  and  no 
representative  district  shall  be  divided  in  the  formation  of  a 
senatorial  district.  They  shall  be  elected  for  the  term  of  four 
years,  one-half  of  their  number  retiring  every  two  years.  The 
senatorial  districts  shall  be  numbered  consecutively,  and  the 
senators  chosen  at  the  first  election  had  by  virtue  of  this  con- 
stitution, in  odd  numbered  districts,  shall  go  out  of  ofiice  at 
the  end  of  the  first  year,  and  the  senators  elected  in  the  even 
numbered  districts  shall  go  out  of  ofiice  at  the  end  of  the  third 
year. 

Sec.  7.   No  person  shall  be  eligible  to  the  legislature  who  Eligibility, 
shall  not  be  a  citizen  of  the  United  States  and  a  qualified  voter 
in  the  district  for  which  he  is  chosen. 

Sec.  8.   Each  house  shall  be  the  judge  of  the  election,  re-  Election 

1  1  •  f.        •  /.    •  T  .      .        returns. 

turns  and  quauncations  oi  its  own  members,  and  a  majority 

of  each  house  shall  constitute  a  quorum  to  do  business,  but  a  Quorum. 

smaller  number  may  adjourn  from  day  to  day  and  may  com 

pel  the  attendance  of  absent  members  in   such  manner  and 

under  such  penalties  as  each  house  may  provide. 

Sec.  9.    Each  house  may  determine  the  rules  of  its  own  Rules, 
proceedings,  punish  for  contempt  and  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member,  but  no  member  shall  be  expelled  a 
second  time  for  the  same  offense. 

Sec.  10.   Each  house  shall  elect  its  own  ofiicers,  and  when  officers  of 
the  lieutenant  governor  shall  not  attend  as  president,  or  shall 
act  as  governor,  the  senate  shall  choose  a  temporary  president. 
When  presiding,  the  lieutenant  governor  shall  have  the  de- 
ciding vote  in  case  of  an  equal  division  of  the  senate. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  proceedings  .journal, 
and  publish  the  same,  except  such  parts  as  require  secrecy. 
The  doors  of  each  house  shall  be  kept  open,  except  when  the 
public  welfare  shall  require  secrecy.  Neither  house  shall  ad-  Adjournment. 
journ  for  more  than  three  days,  nor  to  any  place  other  than 
that  in  which  they  may  be  sitting,  without  the  consent  of  the 
other. 

Sec.    12.     The   first    legislature    shall    meet    on    the   first  MeetinRs  of 
Wednesday  after  the  first  Monday  in  November,  A.  D.  1889.     ^  egisature. 


110 


STATE  CONSTITUTION. 


Limit  of 
session. 


Ineligibility  of 
members  to 
certain  offices. 


Who  are  ineli- 
gible to  mem- 
bership in 
legislature. 


Vacancies. 


Iminunity 
from  arrest. 


Free  speech. 


Style  of  laws. 


But  one  sub- 
ject in  bill. 


Either  house 
may  amend. 


Yeaa  and  nays. 


The  second  legislature  shall  meet  on  the  first  Wednesday 
after  the  first  Monday  in  January,  A.  D.  1891,  and  sessions 
of  the  legislature  will  he  held  biennially  thereafter,  unless 
specially  convened  by  the  governor,  but  the  times  of  meeting 
of  subsequent  sessions  may  be  changed  by  the  legislature. 
After  the  first  legislature  the  sessions  shall  not  be  more  than 
sixty  days. 

Sec.  13.  No  member  of  the  legislature,  during  the  term  for 
which  he  is  elected,  shall  be  appointed  or  elected  to  any  civil 
office  in  the  state,  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  the 
term  for  which  he  was  elected. 

Sec.  14.  No  person,  being  a  member  of  congress,  or  hold- 
ing any  civil  or  military  office  under  the  United  States  or  any 
other  power,  shall  be  eligible  to  be  a  member  of  the  legisla- 
ture; and  if  any  person  after  his  election  as  a  member  of  the 
legislature  shall  be  elected  to  congress  or  be  appointed  to 
any  other  office,  civil  or  military,  under  the  government  of 
the  United  States,  or  any  other  power,  his  acceptance  thereof 
shall  vacate  his  seat:  Provided,  That  officers  in  the  militia  of 
the  state  who  receive  no  annual  salary,  local  officers  and  post- 
masters, whose  compensation  does  not  exceed  three  hundred 
dollars  per  annum,  shall  not  be  ineligible. 

Sec.  15.  The  governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  legisla- 
ture. 

Sec.  16.  Members  of  the  legislature  shall  be  privileged  from 
arrest  in  all  cases  except  treason,  felony  and  breach  of  the 
peace;  they  shall  not  be  subject  to  any  civil  process  during 
the  session  of  the  legislature,  nor  for  fifteen  days  next  before 
the  commencement  of  each  session. 

Sec.  17.  No  member  of  the  legislature  shall  be  liable  in 
any  civil  action  or  criminal  prosecution  whatever  for  words 
spoken  in  debate. 

Sec.  18.  The  style  of  the  laws  of  the  state  shall  be:  "Be 
it  enacted  by  the  legislature  of  the  State  of  Washington." 
And  no  law  shall  be  enacted  except  by  bill. 

Sec.  19.  No  bill  shall  embrace  more  than  one  subject,  and 
that  shall  be  expressed  in  the  title. 

Sec.  20.  Any  bill  may  originate  in  either  house  of  the  leg- 
islature, and  a  bill  passed  by  one  house  may  be  amended  in 
the  other. 

Sec.  21.   The  yeas  and  nays  of  the  members  of  either  house 


STATE  CONSTITUTION.  HI 

shall  be  entered  on  the  journal  on  the  demand  of  one  sixth  of 
the  members  present. 

Sec.  22.   No  bill  shall  become  a  law  unless  on  its  final  pas-  Yeas  and  nays 

<•     1       '"  passage  of 

sage  the  vote  be  taken  by  yeas  and  nays,  the  names  of  the  biii. 
members  voting  for  and  against  the  same  be  entered  on  the 
journal  of  each  house,  and  a  majority  of  the  members  elected 
to  each  house  be  recorded  thereon  as  voting  in  its  favor. 

Sec.  23.   Each  member  of  the  legislature  shall  receive  for  compensation 

of  members. 

his  services  five  dollars  for  each  day's  attendance  durmg  the 
session,  and  ten  cents  for  every  mile  he  shall  travel  in  going 
to  and  returning  from  the  place  of  meeting  of  the  legislature, 
on  the  most  usual  route. 

Sec.  24.   The  legislature  shall  never  authorize  any  lottery  Lottery.— Di- 
or grant  any  divorce. 

Sec.  25.   The  legislature  shall  never  grant  any  extra  com-  Extra  com- 
pensation to  any  public  officer,  agent,  servant  or  contractor  Fo^rbldden. 
after  the  services  shall  have   been  rendered  or  the  contract 
entered  into,  nor  shall  the  compensation  of  any  public  officer 
be  increased  or  diminished  during  his  term  of  office. 

Sec.  26.   The  legislature  shall  direct  by  law  in  what  man-  suit  against 
ner  and  in  what  courts  suits  may  be  brought  against  the  state. 

Sec.  27.  In  all  elections  by  the  legislature  the  members 
shall  vote  viva  voce,  and  their  votes  shall  be  entered  on  the 
journal. 

SPECIAL    LEGISLATION. 

Sec.  28.   The  legislature  is  prohibited  from  enacting  any  Private  laws 

.    ,    f         .         ,        »    r,         .  o  J    forbidden  in 

private  or  special  law  in  the  following  cases:  certain  cases. 

1.  For  changing  the  names  of  persons,  or  constituting  one  person 
the  heir  at  law  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  except  in  cases 
of  state  roads  extending  into  more  than  one  county,  and  military 
roads  to  aid  in  the  construction  of  which  lands  shall  have  been  or 
may  be  granted  by  congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly  within  this 
state. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or  personal  prop- 
erty of  minors,  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes,  or  for  extending  the 
time  for  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of  the  school 
fund. 

8.  For  incorporating  any  town  or  village,  or  to  amend  the  charter 
thereof. 

9.  [From]  giving  effect  to  invalid  deeds,  wills  or  other  instru- 
ments. 


112 


STATE  CONSTITUTION. 


Labor  of 
convicts. 


Corrupt  so 
licitation. 


10.  Releasing  or  extinguishing,  in  whole  or  in  part,  the  indebted- 
ness, liability  or  other  obligation  of  any  person  or  corporation  to  this 
state,  or  to  any  municipal  corporation  therein. 

11.  Declaring  any  person  of  age,  or  authorizing  any  minor  to  sell, 
lease  or  encumber  his  or  her  property. 

13.  Legalizing,  except  as  against  the  state,  the  unauthorized  or 
invalid  act  of  any  officer. 

13.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  tines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common  schools. 
10.  Authorizing  the  adoption  of  cliildren. 

17.  For  limitation  of  civil  or  criminal  action. 

18.  Changing  county  lines,  locating  or  changing  county  seats: 
Provided,  This  shall  not  be  construed  to  apply  to  the  creation  of 
new  counties. 

Sec.  29.  After  the  first  day  of  January,  eighteen  hundred 
and  ninety,  the  labor  of  convicts  of  this  state  shall  not  be  let 
out  by  contract  to  any  pei'son,  copartnership,  company  or  cor- 
poration, and  the  legislature  shall  by  law  provide  for  the 
working  of  convicts  for  the  benefit  of  the  state. 

Sec.  30.  The  offense  of  corrupt  solicitation  of  members  of 
the  legislature,  or  of  public  officers  of  the  state  or  any  munic- 
ipal division  thereof,  and  any  occupation  or  practice  of  solici- 
tation of  such  members  or  officers  to  influence  their  official 
action,  shall  be  defined  by  law,  and  shall  be  punished  by  fine 
and  imprisonment.  Any  person  may  be  compelled  to  testify 
in  any  lawful  investigation  or  judicial  proceeding  against  any 
person  who  may  be  charged  with  having  committed  the  offense 
of  bribery  or  corrupt  solicitation,  or  practice  of  solicitation, 
and  shall  not  be  permitted  to  withhold  his  testimony  on  the 
ground  that  it  may  criminate  himself  or  subject  him  to  public 
infamy,  but  such  testimony  shall  not  afterwards  be  used 
against  him  in  any  judicial  proceeding  —  except  for  perjury 
in  giving  such  testimony  —  and  any  person  convicted  of  either 
of  the  offenses  aforesaid,  shall,  as  part  of  the  punishment 
therefor,  be  disqualified  from  ever  holding  any  position  of 
Membersshau  honor,  trust  or  profit  in  this  state.  A  member  who  has  a 
no  voein  private  interest  in  any  bill  or  measure  proposed  or  pending 
before  the  legislature  shall  disclose  the  fact  to  the  house  of 
which  he  is  a  member,  and  shall  not  vote  thereon. 

Sec.  31.  No  law,  except  appropriation  bills,  shall  take  effect 
until  ninety  days  after  the  adjournment  of  the  session  at  which 
it  was  enacted,  unless  in  case  of  an  emergency  ( which  emer- 
gency must  be  expressed  in  the  preamble  or  in  the  body  of  the 
act)  the  legislature  shall  otherwise  direct  by  a  vote  of  two- 


certain  cases. 


Laws  take 
eflFect  when 


STATE  CONSTITUTION.  113 

thirds  of  all  the  members  elected  to  each  house;  said  vote  to 
be  taken  by  yeas  and  nays  and  entered  on  the  journals. 

Sec.  32.  No  bill  shall  become  a  law  until  the  same  shall  ^^^^^^^"^^ 
have  been  signed  by  the  presiding  officer  of  each  of  the  two  ^^s"  bin. 
houses  in  open  session,  and  under  such  rules  as  the  legislature 
shall  prescribe. 

Sec.  33.   The  ownership  of  lands  by  aliens,  other  than  those  ownership 

T      1  T      1      •       •  •  "^  lands 

who  in  good  faith  have  declared  their  intention  to  become  by  aliens, 
citizens  of  the  United  States,  is  prohibited  in  this  state,  except 
where  acquired  by  inheritance,  under  mortgage  or  in  good 
faith  in  the  ordinary  course  of  justice  in  the  collection  of 
debts;  and  all  conveyances  of  lands  hereafter  made  to  any 
alien  directly,  or  in  trust  for  such  alien,  shall  be  void:  Pro- 
vided, That  the  provisions  of  this  section  shall  not  apply  to 
lands  containing  valuable  deposits  of  minerals,  metals,  iron, 
coal  or  fire  clay,  and  the  necessary  land  for  mills  and  machin- 
ery to  be  used  in  the  development  thereof  and  the  manufacture 
of  the  products  therefrom.  Every  corporation,  the  majority 
of  the  capital  stock  of  which  is  owned  by  aliens,  shall  be  con- 
sidered an  alien  for  the  purposes  of  this  prohibition. 

Sec.  34.   There  shall  be  established  in  the  office  of  the  sec-  Bureau  of 
retary  of  state,  a  bureau  of  statistics,  agriculture  and  immi- 
gration, under  such  regulations  as  the  legislature  may  pro- 
vide. 

Sec.  35.   The  legislature  shall  pass  necessary  laws  for  the  Laws  relating 

.  ,  .      ,    .  .  «  .  -         ,         to  mines  and 

protection  of  persons  working  in  mines,  factories  and  other  factories, 
employments  dangerous  to  life  and  deleterious  to  health;  and 
fix  pains  and  penalties  for  the  enforcement  of  same. 

Sec.  36.     No  bill  shall  be  considered  in  either  house  unless  introduction 

of  bills  limited. 

the  time  of  its  introduction  shall  have  been  at  least  ten  days 
before  the  final  adjournment  of  the  legislature,  unless  the 
legislature  shall  otherwise  direct  by  a  vote  of  two-thirds  of  all 
the  members  elected  to  each  house,  said  vote  to  be  taken  by 
yeas  and  nays  and  entered  upon  the  journal,  or  unless  the  same 
be  at  a  special  session. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  by  mere  AmendinR 
reference  to  its  title,  but  the  act  revised  or  the  section  amended  *^^' 
shall  be  set  forth  at  full  length. 

Sec.  38.   No  amendment  to  any  bill  shall  be  allowed  which  Amendment 

•'  to  bills. 

shall  change   the  scope  and  object  of  the  bill. 

Sec.  39.  It  shall  not  be  lawful  for  any  person  holding  public  Passes  for- 

„,         .        ,  .  ,  bidden. 

omce  in  this  state  to  accept  or  use  a  pass  or  to  purchase  trans- 


114 


STATE  CONSTITUTION. 


porta tion  from  any  railroad  or  other  corporation,  other  than 
as  the  same  may  be  pui'chased  by  the  general  public,  and  the 
legislature  shall  pass  laws  to  enforce  this  provision. 


Executive  de- 
pnrtiuent  con- 
sists of  wliom. 


Tenure 
of  office. 


other  otficers. 


Tenure 
of  office. 


Election  of 
executive  offi- 
cers.— Returns. 


Certificate  of 
election. 


Contested 
elections. 


Duties  of 
governor. 


Message. 


ARTICLE    III. THE    EXECUTIVE. 

Section  1.  The  executive  department  shall  consist  of  a 
governor,  lieutenant  governor,  secretary  of  state,  treasurer, 
auditor,  attorney  general,  superintendent  of  public  instruc- 
tion, and  a  commissioner  of  public  lands,  who  shall  be 
severally  chosen  by  the  qualified  electors  of  the  state  at  the 
same  time  and  place  of  voting  as  for  the  members  of  the  leg- 
islature. 

Sec.  2.  The  supreme  executive  power  of  this  state  shall  be 
vested  in  a  governor,  who  shall  hold  his  office  for  a  term  of 
four  years,  and  until  his  successor  is  elected  and  qualified. 

Sec.  3.  The  lieutenant  governor,  secretary  of  state,  treas- 
urer, auditor,  attorney  general,  superintendent  of  public  in- 
struction and  commissioner  of  public  lands,  shall  hold  their 
offices  for  four  years,  respectively,  and  until  their  successors 
are  elected  and  qualified. 

Sec.  4.  The  returns  of  every  election  for  the  officers  named 
in  the  first  section  of  this  article  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government  by  the  returning  officers, 
directed  to  the  secretary  of  state,  who  shall  deliver  the  same 
to  the  speaker  of  the  house  of  representatives  at  the  first 
meeting  of  the  house  thereafter,  who  shall  open,  publish  and 
declare  the  result  thereof  in  the  presence  of  a  majority  of  the 
members  of  both  houses.  The  person  having  the  highest 
number  of  votes  shall  be  declared  duly  elected,  and  a  certifi- 
cate thereof  shall  be  given  to  such  person,  signed  by  the  pre- 
siding officers  of  both  houses;  but  if  any  two  or  more  shall 
be  highest  and  equal  in  votes  for  the  same  office,  one  of  them 
shall  be  chosen  by  the  joint  vote  of  both  houses.  Contested 
elections  for  such  officers  shall  be  decided  by  the  legislature 
in  such  manner  as  shall  be  decided  by  law.  The  terms  of  all 
officers  named  in  section  one  of  this  article  shall  commence 
on  the  second  Monday  in  January  after  their  election,  until 
otherwise  provided  by  law. 

Sec.  5.  The  governor  may  require  information  in  writing 
from  the  officers  of  the  state  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  and  shall  see  that  the  laws 
are  faithfully  executed. 

Sec.  6.   He  shall  communicate  at  every  session  by  message 


STATE  CONSTITUTION.  115 

to  the  legislature  the  condition  of  the  affairs  of  the  state,  and 
recommend  such  measures  as  he  shall  deem  expedient  for 
their  action. 

Sec.  v.   He  may,  on  extraordinary  occasions,  convene  the  May  convene 

1-1  1  •  •  1-11111  II  legislature  in 

legislature  by  proclamation,  in  which  shall  be  stated  the  pur-  extra  session. 
poses  for  which  the  legislature  is  convened. 

Sec.  8.   He  shall  be  commander-in-chief  of  the  military  in  Commander- 
the  state  except  when  they  shall  be  called  into  the  service  of 
the  United  States. 

Sec.  9.   The  pardoning  power  shall  be  vested  in  the  gov-  Pardoning 

111-  1  •      •  1  powers. 

ernor  under  such  regulations  and  restrictions  as  may  be  pre- 
scribed by  law. 

Sec.  10.   In  case  of  the  removal,  resignation,  death  or  dis-  Duties  shaii 

1         1       •  r-      1  n-  1        1     T  devolve  on 

ability  of  the  governor,  the  duties  of  the  oftice  shall  devolve  lieutenant gov- 

.  1     •  r  •      ernor,  when. 

upon  the  lieutenant  governor,  and  in  case  oi  a  vacancy  in 
both  the  offices  of  governor  and  lieutenant  governor,  the 
duties  of  governor  shall  devolve  upon  the  secretary  of  state, 
who  shall  act  as  governor  until  the  disability  be  removed  or 
a  governor  be  elected. 

Sec.  11.  The  governor  shall  have  power  to  remit  fines  and  may*remit 
forfeitures,  under  such  regulations  as  may  be  prescribed  by  ""®*'  ®**' 
law,  and  shall  report  to  the  legislature  at  its  next  meeting 
each  case  of  reprieve,  commutation,  or  pardon  granted,  and 
the  reasons  for  granting  the  same,  and  also  the  names  of  all 
persons  in  whose  favor  remission  of  fines  and  forfeitures  shall 
have  been  made,  and  the  several  amounts  remitted  and  the 
reasons  for  the  remission. 

Sec.  12.   Every  act  which  shall  have  passed  the  legislature  Duties  of  gov- 

.  ,  ,  ,  ernor  in  regard 

shall  be,  before  it  becomes  a  law,  presented  to  the  governor,  to  enactment 
If  he  approves,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  vetoes. 
with  his  objections,  to  that  house  in  which  it  shall  have  origi- 
nated, which  house  shall  enter  the  objections  at  large  upon 
the  journal  and  proceed  to  reconsider.  If,  after  such  recon- 
sideration, two-thirds  of  the  members  present  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  the  members  present,  it  shall 
become  a  law;  but  in  all  such  cases  the  vote  of  both  houses 
shall  be  determined  by  the  yeas  and  nays  and  the  names  of 
the  members  voting  for  or  against  the  bill  shall  be  entered 
upon  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  five  days,  Sunday  ex- 
cepted, after  it  shall  be  presented  to  him,  it  shall  become  a 


116 


STATE  CONSTITUTION. 


May  veto  one 
or  more  items 
or  sections. 


Flu  vacancies 
by  appoint- 
ment. 


Salary  of 
governor. 


He  shall  issue 
all  commis- 
sions. 


Duties  of 

lieutenant 

governor. 


Salarv. 


Duties  of  sec- 
retary of  state. 


Salary. 


law  without  his  signature,  unless  the  general  adjournment 
shall  prevent  its  return,  in  which  case  it  shall  become  a  law 
unless  the  governor  within  ten  days  next  after  the  adjourn- 
ment, Sundays  excepted,  shall  file  such  bill,  with  his  objec- 
tions thereto,  in  the  office  of  secretary  of  state,  who  shall  lay 
the  same  before  the  legislature  at  its  next  session  in  like  man- 
ner as  if  it  had  been  returned  by  the  governor.  If  any  bill 
presented  to  the  governor  contain  several  sections  or  items, 
he  may  object  to  one  or  more  sections  or  items  while  approv- 
ing other  portions  of  the  bill.  In  such  case  he  shall  append 
to  the  bill,  at  the  time  of  signing  it,  a  statement  of  the  sec- 
tion or  sections,  item  or  items  to  which  he  objects,  and  the 
reasons  therefor,  and  the  section  or  sections,  item  or  items  so 
objected  to  shall  not  take  effect  unless  passed  over  the  gov- 
ernor's objection  as  hereinbefore  provided. 

Sec.  13.  When,  during  a  recess  of  the  legislature,  a  va- 
cancy shall  happen  in  any  office,  the  appointment  to  which  is 
vested  in  the  legislature,  or  when  at  any  time  a  vacancy  shall 
have  occurred  in  any  other  state  office,  for  the  filling  of  which 
vacancy  no  provision  is  made  elsewhere  in  this  constitution, 
the  governor  shall  fill  such  vacancy  by  appointment,  which 
shall  expire  when  a  successor  shall  have  been  elected  and 
qualified. 

Sec.  14.  The  governor  shall  receive  an  annual  salary  of 
four  thousand  dollars,  which  may  be  increased  by  law,  but 
shall  never  exceed  six  thousand  dollars  per  annum. 

Sec.  15.  All  commissions  shall  issue  in  the  name  of  the 
state,  shall  be  signed  by  the  governor,  sealed  with  the  seal  of 
the  state,  and  attested  by  the  secretary  of  state. 

Sec.  16.  The  lieutenant  governor  shall  be  presiding  officer 
of  the  state  senate,  and  shall  discharge  such  other  duties  as 
may  be  prescribed  by  law.  He  shall  receive  an  annual  salary 
of  one  thousand  dollars,  which  may  be  increased  by  the 
legislature,  but  shall  never  exceed  three  thousand  dollars  per 
annum. 

Sec.  17.  The  secretary  of  state  shall  keep  a  record  of  the 
official  acts  of  the  legislature  and  executive  department  of  the 
state,  and  shall,  when  required,  lay  the  same  and  all  other 
matters  relative  thereto  before  either  branch  of  the  legisla- 
ture, and  shall  perform  such  other  duties  as  shall  be  assigned 
him  by  law.  He  shall  receive  an  annual  salary  of  twenty-five 
hundred  dollars,  which  may  be  increased  by  the  legislature, 
but  shall  never  exceed  three  thousand  dollars  per  annum. 


STATE  CONSTITUTION.  117 

Sec.  18.   There  shall  be  a  seal  of  the  state  kept  by  the  sec-  shaiikeep 
retary  of  state   for  official  purposes,  which   shall   be  called 
"The  Seal  of  the  State  of  Washington." 

Sec.  19.   The  treasurer  shall  perform  such  duties  as  shall  be  Duties  of  state 
prescribed  by  law.      He  shall  receive  an  annual  salary  of  two  Salary, 
thousand  dollars,  which  may  be  increased  by  the  legislature, 
but  shall  never  exceed  four  thousand  dollars  per  annum. 

Sec.  20.   The  auditor  shall  be  auditor  of  public  accounts,  Duties  of  state 

1       •  •  auditor. 

and  shall  have  such  powers  and  perform  such  duties  in  con- 
nection therewith  as  may  be  prescribed  by  law.     He  shall  saiar>'. 
receive  an  annual  salary  of  two  thousand  dollars,  which  may 
be  increased  by  the  legislature,  but  shall  never  exceed  three 
thousand  dollars  per  annum. 

Sec.  21.   The  attorney  general  shall  be  the  legal  advisor  of  Duties  of  attor- 

•'    °  °  ney  general. 

the  State  officers,  and  shall  perform  such  other  duties  as  may 
be  prescribed  by  law.     He  shall  receive  an  annual  salary  of  Salary, 
two  thousand  dollars,  which  may  be  increased  by  the  legis- 
lature, but  shall  never  exceed  thirty-five  hundred  dollars  per 
annum. 

Sec.  22.  The  superintendent  of  public  instruction  shall  have  Duties  of  su- 

.    .  ,,  .     .  1  !•  1         1  1  perintendent 

supervision  over  all  matters  pertaining  to  public  schools,  and  of  public  in- 

shall  perform  such  specific  duties  as  may  be  prescribed  by  law. 

He  shall  receive  an  annual  salary  of  twenty-five  hundred  dol-  salary. 

lars,  which  may  be  increased  by  law,  but  shall  never  exceed 

four  thousand  dollars  per  annum. 

Sec.  23.   The  commissioner  of  public  lands  shall  perform  Landcom- 

1     J       •  -I  •  1  •  11-1  missioner. 

such  duties  and  receive  such  compensation  as  the  legislature 
may  direct. 

Sec.  24.  The  governor,  secretary  of  state,  treasurer,  auditor,  Certain  offices 

T  1-  1  1  •      •  •  •      •  c  1  1  •      ^'^  ^®  kept  at 

superintendent  of  public  instruction,  commissioner  of  public  capital. 
lands   and  attorney  general  shall  severally  keep  the  public 
records,  books  and  papers  relating  to  their  respective  offices, 
at  the  seat  of  government,  at  which  place  also  the  governor, 
secretary  of  state,  treasurer  and  auditor  shall  reside. 

Sec.  25.  No  person,  except  a  citizen  of  the  United  States  Kiigibiiity  to 
and  a  qualified  elector  of  this  state,  shall  be  eligible  to  hold 
any  state  office,  and  the  state  treasurer  shall  be  ineligible  for 
the  term  succeeding  that  for  which  he  was  elected.  The  com- 
pensation for  state  officers  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected.     The  certain  offices 

1        •    1  ■        •  T  1      1  •    1        1  n'  <.      1       may  be  abol- 

legislature  may,  in  its  discretion,  abolish  the  offices  of  the  ished. 
lieutenant   governor,   auditor,   and    commissioner   of   public 
lands. 


118 


STATE  CONSTITUTION. 


Supreme  court. 
Inferior  courts. 


Supreme  court 
oousist-s  of 
whom. 


Supreme 
judges. — 
Klection. 


Tenure  of 
ofHce. 


Chief  justice. 


Vacancy,  how 
filled. 


ARTICLE    IV. THE    JUDICIAKY. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested 
in  a  supreme  court,  superior  courts,  justices  of  the  peace,  and 
such  inferior  courts  as  the  legislature  may  provide. 

Sec.  2.  The  supreme  court  shall  consist  of  five  judges,  a 
majority  of  whom  shall  be  necessary  to  form  a  quorum  and 
pronounce  a  decision.  The  said  court  shall  always  be  open 
for  the  transaction  of  business  except  on  non- judicial  days. 
In  the  determination  of  causes,  all  decisions  of  the  court  shall 
be  given  in  writing,  and  the  grounds  of  the  decision  shall  be 
stated.  The  legislature  may  increase  the  number  of  judges 
of  the  supreme  court  from  time  to  time,  and  may  provide  for 
separate  departments  of  said  court. 

Sec.  3.  The  judges  of  the  supreme  court  shall  be  elected  by 
the  qualified  electors  of  the  state  at  large,  at  the  general  state 
election,  at  the  times  and  places  at  which  state  officers  are 
elected,  unless  some  other  time  be  provided  by  the  legislature. 
The  first  election  of  judges  of  the  supreme  court  shall  be  at 
the  election  which  shall  be  held  upon  the  adoption  of  this  con- 
stitution, and  the  judges  elected  thereat  shall  be  classified,  by 
lot,  so  that  two  shall  hold  their  office  for  the  term  of  three 
years,  two  for  a  term  of  five  years,  and  one  for  the  term  of 
seven  years.  The  lot  shall  be  drawn  by  the  judges,  who  shall 
for  that  purpose  assemble  at  the  seat  of  government,  and  they 
shall  cause  the  result  thereof  to  be  certified  to  the  secretary  of 
state,  and  filed  in  his  office.  The  judge  having  the  shortest 
term  to  serve,  not  holding  his  office  by  appointment  or  elec- 
tion to  fill  a  vacancy,  shall  be  the  chief  justice,  and  shall  preside 
at  all  sessions  of  the  supreme  court,  and  in  case  there  shall 
be  two  judges  having  in  like  manner  the  same  short  term,  the 
other  judges  of  the  supreme  court  shall  determine  which  of 
them  shall  be  chief  justice.  In  case  of  the  absence  of  the  chief 
justice,  the  judge  having  in  like  manner  the  shortest  or  next 
shortest  tc-m  to  serve  shall  preside.  After  the  first  election  the 
terms  of  judges  elected  shall  be  six  years  from  and  after  the 
second  Monday  in  January  next  succeeding  their  election.  If 
a  vacancy  occur  in  the  office  of  a  judge  of  the  supreme  court, 
the  governor  shall  appoint  a  person  to  hold  the  office  until  the 
election  and  qualification  of  a  judge  to  fill  the  vacancy,  which 
election  shall  take  place  at  the  next  succeeding  general  elec- 
tion, and  the  judge  so  elected  shall  hold  the  efface  for  the 
remainder  of  the  unexpired  term.  The  term  of  office  of  the 
judges  of  the  supreme  court,  first  elected,  shall  commence  as 


STATE  CONSTITUTION.  119 

soon  as  the  state  shall  have  been  admitted  into  the  Union,  and 
continue  for  the  term  herein  provided,  and  until  their  succes- 
sors are  elected  and  qualified.  The  sessions  of  the  supreme 
court  shall  be  held  at  the  seat  of  government  until  otherwise 
provided  by  law. 

Sec.  4.   The  supreme  court  shall  have  original  jurisdiction  Jurisdiction  of 

supreme  court. 

in  habeas  corpus,  and  quo  warranto  and  mandamus  as  to  all 
state  officers,  and  appellate  jurisdiction  in  all  actions  and  pro- 
ceedings, excepting  that  its  appellate  jurisdiction  shall  not 
extend  to  civil  actions  at  law  for  the  recovery  of  money  or 
personal  property  when  the  original  amount  in  controversy, 
or  the  value  of  the  property,  does  not  exceed  the  sum  of  two 
hundred  dollars  ($200),  unless  the  action  involves  the  legality 
of  a  tax,  impost,  assessment,  toll,  municipal  fine,  or  the 
validity  of  a  statute.  The  supreme  court  shall  also  have 
power  to  issue  writs  of  mandamus,  review,  prohibition,  habeas 
corpus,  certiorari  and  all  other  writs  necessary  and  proper  to 
the  complete  exercise  of  its  appellate  and  revisory  jurisdiction. 
Each  of  the  iudsjes  shall  have  power  to  issue  writs  of  habeas  Powers  of 
corpus  to  any  part  of  the  state  upon  petition  by  or  on  behalf 
of  any  person  held  in  actual  custody,  and  may  make  such 
writs  returnable  before  himself,  or  before  the  supreme  court, 
or  before  any  superior  court  of  the  state,  or  any  judge  thereof. 

Sec.  5.  There  shall  be  in  each  of  the  organized  counties  of  courts.*"^ 
this  state  a  superior  court  for  which  at  least  one  judge  shall 
be  elected  by  the  qualified  electors  of  the  county  at  the 
general  state  election:  Provided,  That  until  otherwise  directed 
by  the  legislature  one  judge  only  shall  be  elected  for  the 
counties  of  Spokane  and  Stevens;  one  judge  for  the  county  of 
Whitman;  one  judge  for  the  counties  of  Lincoln,  Okanogan, 
Douglas  and  Adams;  one  judge  for  the  counties  of  Walla 
Walla  and  Franklin;  one  judge  for  the  counties  of  Columbia, 
Garfield  and  Asotin;  one  judge  for  the  counties  of  Kittitas, 
Yakima  and  Klickitat;  one  judge  for  the  counties  of  Clarke, 
Skamania,  Pacific,  Cowlitz  and  Wahkiakum;  one  judge  for 
the  counties  of  Thurston,  Chehalis,  Mason  and  Lewis;  one 
judge  for  the  county  of  Pierce;  one  judge  for  the  county  of 
King;  one  judge  for  the  counties  of  Jefferson,  Lsland,  Kitsap, 
San  Juan  and  Clallam;  and  one  judge  for  the  counties  of 
Whatcom,    Skagit   and    Snohomish.      In   any   county   where  sessions 

.  .      ,        '    ,  ,  of  court. 

there  shall  be  more  than  one  superior  judge,  there  may  be  as 
many  sessions  of  the  superior  court  at  the  same  time  as  there 
are  judges  thereof,  and  whenever  the  governor  shall  direct  a 


120 


STATE  CONSTITUTION. 


Tenure  of 
office  of  svipe- 
rior  judges. 


Jurisdiction 
of  superior 
courts. 


superior  judge  to  hold  court  in  any  county  other  than  that 
for  which  he  has  been  elected,  there  may  be  as  many  sessions 
of  the  superior  court  in  said  county  at  the  same  time  as  there 
are  judges  therein,  or  assigned  to  duty  therein  by  the  gov- 
ernor, and  the  business  of  the  court  shall  be  so  distributed 
and  assigned  by  law,  or,  in  the  absence  of  legislation  therefor, 
by  such  rules  and  orders  of  court,  as  shall  best  promote  and 
secure  the  convenient  and  expeditious  transaction  thereof. 
The  judgments,  decrees,  orders  and  proceedings  of  any  session 
of  the  superior  court  held  by  any  one  or  more  of  the  judges 
of  such  court  shall  be  equally  effectual  as  if  all  the  judges  of 
said  court  presided  at  such  session.  The  first  superior  judges 
elected  under  this  constitution  shall  hold  their  offices  for  the 
period  of  three  years,  and  until  their  successors  shall  be 
elected  and  qualified,  and  thereafter  the  term  of  office  of  all 
superior  judges  in  this  state  shall  be  for  four  years  from  the 
second  Monday  in  January  next  succeeding  their  election,  and 
until  their  successors  are  elected  and  qualified.  The  first 
election  of  judges  of  the  superior  court  shall  be  at  the  election 
held  for  the  adoption  of  this  constitution.  If  a  vacancy 
occurs  in  the  office  of  judge  of  the  superior  court,  the  governor 
shall  appoint  a  person  to  hold  the  office  until  the  election  and 
qualification  of  a  judge  to  fill  the  vacancy,  which  election 
shall  be  at  the  next  succeeding  general  election,  and  the  judge 
so  elected  shall  hold  office  for  the  remainder  of  the  unexpired 
term. 

Skc.  6.  The  superior  court  shall  have  original  jurisdiction 
in  all  cases  in  equity,  and  in  all  cases  at  law  which  involve 
the  title  or  possession  of  real  property,  or  the  legality  of  any 
tax,  impost,  assessment,  toll  or  municipal  fine,  and  in  all  other 
cases  in  which  the  demand,  or  the  value  of  the  property  in 
controversy  amounts  to  one  hundred  dollars,  and  in  all  crimi- 
nal cases  amounting  to  felony,  and  in  all  cases  of  misdemeanor 
not  otherwise  provided  for  by  law;  of  actions  of  forcible  entry 
and  detainer;  of  proceedings  in  insolvency;  of  actions  to  pre- 
vent or  abate  a  nuisance;  of  all  matters  of  probate,  of  divorce, 
and  for  annulment  of  marriage;  and  for  such  special  cases 
and  proceedings  as  are  not  otherwise  provided  for.  The 
superior  court  shall  also  have  original  jurisdiction  in  all  cases 
and  of  all  proceedings  in  which  jurisdiction  shall  not  have 
been  by  law  vested  exclusively  in  some  other  court;  and  said 
court  shall  have  the  power  of  naturalization,  and  to  issue 
papers  therefor.      They  shall  have  such  appellate  jurisdiction 


STATE  CONSTITUTION.  121 

in  cases  arising  in  justice's  and  other  inferior  courts  in  their 
respective  counties  as  may  be  prescribed  by  law.  They  shall 
be  always  open  except  on  non-judicial  days,  and  their  process 
shall  extend  to  all  parts  of  the  state.  Said  courts  and  their  Powers  of 
judges  shall  have  power  to  issue  writs  of  mandamus,  quo  courts, 
warranto,  review,  certiorari,  prohibtion  and  writs  of  habeas 
corpus,  on  petition  by  or  on  behalf  of  any  person  in  actual 
custody  in  their  respective  counties.  Injunctions  and  writs 
of  prohibition  and  of  habeas  corpus  may  be  issued  aud  served 
on  legal  holidays  and  non-judicial  days. 

Sec.  v.  The  judge  of  any  superior  court  may  hold  a  superior  Judges  may 

.  .        hold  court  in 

court  in  any  county  at  the  request  of  the  judge  of  the  superior  any  county 

r  1  1  r     1  •       1      11  1       ''^'  request. 

court  thereof,  and  upon  the  request  of  the  governor  it  shall  be 
his  duty  to  do  so.  A  case  in  the  superior  court  may  be  tried 
by  a  judge  pro  tempore,  who  must  be  a  member  of  the  bar,  Pro  tempore 

1  .  ....  ....  ,      .  judges. 

agreed  upon  in  writing  by  the  parties  litigant,  or  their  attor- 
neys of  record,  approved  by  the  court,  and  sworn  to  try  the 
case. 

Sec.  8.   Any  judicial  officer  who  shall  absent  himself  from  Leave  of 

Absence 

the  state  for  more  than  sixty  consecutive  days  shall  be  deemed  of  judges. 
to  have  forfeited  his  oflSce:  Provided,   That  in  cases  of  extreme 
necessity  the  governor  may  extend  the  leave  of  absence  such 
time  as  the  necessity  therefor  shall  exist. 

Sec.  9.  Any  judge  of  any  court  of  record,  the  attorney  gen-  Removal  of  ju- 

.  -,    r  rv        dicialoflScerby 

eral,  or  any  prosecuting  attorney  may  be  removed  from  office  legislature, 
by  joint  resolution  of  the  legislature,  in  which  three-fourths 
of  the  members  elected  to  each  house  shall  concur,  for  incom- 
petency, corruption,  malfeasance,  or  delinquency  in  office,  or 
other  sufficient  cause  stated  in  such  resolution.  But  no  re-  Proceedings. 
moval  shall  be  made  unless  the  officer  complained  of  shall 
have  been  served  with  a  copy  of  the  charges  against  him  as 
the  ground  of  removal,  and  shall  have  an  opportunity  of  being 
heard  in  his  defense.  Such  resolution  shall  be  entered  at 
length  on  the  journal  of  both  houses,  and  on  the  question  of 
removal  the  ayes  and  nays  shall  also  be  entered  on  the  journal. 

Sec.  10.   The  legislature  shall   determine   the  number  of  '"stices  of 

^  the  peace. 

justices  of  the  peace  to  be  elected  in  incorporated  cities  or 
towns  and  in  precincts,  and  shall  prescribe  by  law  the  powers, 
duties  and  jurisdiction  of  justices  of  the  peace:  Provided, 
That  such  jurisdiction  granted  by  the  legislature  shall  not 
trench  upon  the  jurisdiction  of  superior  or  other  courts  of 
record,  except  that  justices  of  the  peace  may  be  made  police 
justices  of  incorporated  cities   and  towns.      In   incorporated 


122 


STATE  COI^STITUTION. 


Courts  of 
record. 


Inferior  courts, 
jurisdiction  of. 


Oompensatiou 
of  judicial 
officers. 


Salary  of  su- 
perior judge, 
how  paid. 


Salaries  of 
judges, 
amount  per 
annum. 


Judges  ineli- 
g^ible  to  any 
other  office. 


Charge  to  jury 


Eligibility  to 
judgeship. 


cities  or  towns  having  more  tlian  five  thousand  inhabitants 
the  justices  of  the  peace  shall  receive  such  salary  as  may  be 
provided  by  law,  and  shall  receive  no  fees  for  their  own  use. 

Sec.  11.  The  supreme  court  and  the  superior  courts  shall  be 
courts  of  record,  and  the  legislature  shall  have  power  to  pro- 
vide that  any  of  the  courts  of  this  state,  excepting  justices  of 
the  peace,  shall  be  courts  of  record. 

Sec.  12.  The  legislature  shall  prescribe  by  law  the  jurisdic- 
tion and  powers  of  any  of  the  inferior  courts  which  may  be 
established  in  pursuance  of  this  constitution. 

Sec.  13.  No  judicial  officer,  except  court  commissioners  and 
unsalaried  justices  of  the  peace,  shall  receive  to  his  own  use 
any  fees  or  perquisites  of  office.  The  judges  of  the  supreme 
court  and  judges  of  the  superior  courts  shall  severally,  at 
stated  times,  during  their  continuance  in  office,  receive  for 
their  services  the  salaries  prescribed  by  law  therefor,  which 
shall  not  be  increased  after  their  election,  nor  during  the  term 
for  which  they  shall  have  been  elected.  The  salaries  of  the 
judges  of  the  supreme  court  shall  be  paid  by  the  state.  One- 
half  of  the  salary  of  each  of  the  superior  court  judges  shall  be 
paid  by  the  state,  and  the  other  one-half  by  the  county  or 
counties  for  which  he  is  elected.  In  cases  where  a  judge  is 
provided  for  more  than  one  county,  that  portion  of  his  salary 
which  is  to  be  paid  by  the  counties  shall  be  apportioned  be- 
tween or  among  them  according  to  the  assessed  value  of  their 
taxable  property,  to  be  determined  by  the  assessment  next 
preceding  the  time  for  which  such  salary  is  to  be  paid. 

Sec.  14.  Each  of  the  judges  of  the  supreme  court  shall  re- 
ceive an  annual  salary  of  four  thousand  dollars  ( $4,000  ) ;  each 
of  the  superior  court  judges  shall  receive  an  annual  salary  of 
three  thousand  dollars  ($3,000),  which  said  salaries  shall  be 
payable  quarterly.  The  legislature  may  increase  the  salaries 
of  the  judges  herein  provided. 

Sec.  15.  The  judges  of  the  supreme  court  and  the  judges  of 
the  superior  court  shall  be  ineligible  to  any  other  office  or  public 
employment  than  a  judicial  office  or  employment  during  the 
term  for  which  they  shall  have  been  elected. 

Sec.  16.  Judges  shall  not  charge  juries  with  respect  to  mat- 
ters of  fact,  nor  comment  thereon,  but  shall  declare  the  law. 

Sec.  17.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  supreme  court  or  judge  of  a  superior  court  unless  he  shall 
have  been  admitted  to  practice  in  the  courts  of  record  of  this 
state  or  of  the  Territory  of  Washington. 


STATE  CONSTITUTION.  123 

Sec.  18.   The  judges  of  the  supreme  court  shall  appoint  a  Reporter  for 

,         ,       .    .  »     ,  ,  1111  supreme  court. 

reporter  for  the  decisions  of  that  court,  who  shall  be  remova- 
ble at  their  pleasure.  He  shall  receive  such  annual  salary  as 
shall  be  prescribed  by  law. 

Sec.  19.   No  iudse  of  a  court  of  record  shall  practice  law  Judges  shall 

...  .  •         ai  "*'*'  practice 

in  any  court  of  this  state  during  his  continuance  in  omce.         law. 
Sec.  20.   Every  cause  submitted  to  a  judge  of  a  superior  Decision  of 

.  .  cases  by  su- 

court  for  his  decision  shall  be  decided  by  him  within  ninety  perior  judge, 

•    1  •      limit  of  time. 

days  from  the  submission  thereof :  Provided,  1  hat  it,  within 
said  period  of  ninety  days  a  rehearing  shall  have  been  ordered, 
then  the  period  within  which  he  is  to  decide  shall  commence 
at  the  time  the  cause  is  submitted  upon  such  a  rehearing. 

Sec.  21,   The  legislature  shall  provide  for  the  speedy  pub-  Publication  of 

°  -        ,  .     .  opinions  of 

lications  of  opinions  of  the  supreme  court,  and  all  opinions  supreme  court, 
shall  be  free  for  publication  by  any  person. 

Sec.  22.   The  iudges  of  the  supreme  court  shall  appoint  a  cierkof  su- 

•'        °  *  .  preme  court. 

clerk  of  that  court,  who  shall  be  removable  at  their  pleasure, 

but  the  legislature  may  provide  for  the  election  of  the  clerk 

of  the  supreme  court  and  prescribe  the  term  of  his  oflSce. 

The  clerk  of  the  supreme  court  shall  receive  such  compensa-  Salary  of. 

tion,  by  salary  only,  as  shall  be  provided  by  law. 

Sec.  23.   There  may  be  appointed  in  each  county,  by  the  court  com- 

•'  *  *  _  .  missioners, 

judge  of  the  superior  court  having  jurisdiction  therein,  onepowersof. 
or  more  court  commissioners,  not  exceeding  three  in  number, 
who  shall  have  authority  to  perform  like  duties  as  a  judge  of 
the  superior  court  at  chambers,  subject  to  revision  by  such 
judge,  to  take  depositions  and  to  perform  such  other  business 
connected  with  the  administration  of  justice  as  may  be  pre- 
scribed by  law. 

Sec.  24.  The  judges  of  the  superior  courts  shall  from  time  Rules  of 

•'       °  ^  courts. 

to  time,  establish  uniform  rules  for  the  government  of  the 
superior  courts. 

Sec.  25.   Superior  judges  shall,  on  or  before  the  first  day  Superior 
of  November  in  each  year,  report  in  writing  to  the  judges  of  port  to  su- 

.  .         ,        ,  preme  judges. 

the  supreme  court  such  defects  and  omissions  in  the  laws  as 
their  experience  may  suggest,  and  the  judges  of  the  supreme 
court  shall,  on  or  before  the  first  day  of  .January  in  each  year, 
report  in  writing  to  the  governor  such  defects  and  omissions 
in  the  laws  as  they  may  believe  to  exist. 

Sec.  26.   The  county  clerk  shall  be,  by  virtue  of  his  oftice,  oierkofaup^ 

•'  rior  court. 

clerk  of  the  superior  court. 

Sec.  27.   The  style  of  all  process  shall  be,  "The  State  of  J^/^yJf^«/^ 


124 


STATE  CONSTITUTION. 


Oaths  of  office 
of  judges. 


Washington,"  and  all  prosecutions  shall  be  conducted  in  its 
name  and  by  its  authority. 

Sec.  28.  Every  judge  of  the  supreme  court  and  every  judge 
of  a  superior  court  shall,  before  entering  upon  the  duties 
of  his  office,  take  and  subscribe  an  oath  that  he  will  support 
the  constitution  of  the  United  States  and  the  constitution  of 
the  State  of  Washington,  and  will  faithfully  and  impartially 
discharge  the  duties  of  judge  to  the  best  of  his  ability,  which 
oath  shall  be  filed  in  the  office  of  the  secretary  of  state. 


Proceedings  ii 
impeachment 
cases. 


Impeachment 
for  what 
ofifenses. 


Removal 
from  office. 


ARTICLE   v.— IMPEACHMENT. 

Section  1.  The  house  of  representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a  majority  of 
all  the  members  shall  be  necessary  to  an  impeachment.  All 
impeachments  shall  be  tried  by  the  senate,  and  when  sitting 
for  that  purpose  the  senators  shall  be  upon  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence.  When  the 
governor  or  lieutenant  governor  is  on  trial,  the  chief  justice 
of  the  supreme  court  shall  preside.  No  person  shall  be  con- 
victed without  a  concurrence  of  two-thirds  of  the  senators 
elected. 

Sec.  2.  The  governor  and  other  state  and  judicial  officers, 
except  judges  and  justices  of  courts  not  of  record,  shall  be 
liable  to  impeachment  for  high  crimes  or  misdemeanors,  or 
malfeasance  in  office,  but  judgment  in  such  cases  shall  extend 
only  to  removal  from  office  and  disqualification  to  hold  any 
office  of  honor,  trust  or  profit,  in  the  state.  The  party, 
whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable 
to  prosecution,  trial,  judgment  and  punishment  according  to 
law. 

Sec.  3.  All  officers  not  liable  to  impeachment  shall  be  sub- 
ject to  removal  for  misconduct  or  malfeasance  in  office,  in 
such  manner  as  may  be  provided  by  law. 


Qualifications 
of  electors. 


ARTICLE   VI.— ELECTIONS   AND   ELECTIVE    RIGHTS. 

Section  1.  All  male  persons  of  the  age  of  twenty-one  years 
or  over,  possessing  the  following  qualifications,  shall  be  en- 
titled to  vote  at  all  elections:  They  shall  be  citizens  of  the 
United  States;  they  shall  have  lived  in  the  state  one  year, 
and  in  the  county  ninety  days,  and  in  the  city,  town,  ward  or 
precinct  thirty  days  immediately  preceding  the  election  at 
which  they  offer  to  vote:  Provided,  That  Indians  not  taxed 
shall  never  be  allowed  the  elective  franchise:  Provided  further. 


STATE  CONSTITUTION.  125 

That  all  male  persons  who  at  the  time  of  the  adoption  of  this 
constitution  are  qualified  electors  of  the  territory  shall  be 
electors. 

Sec.  2.   The  legislature  may  provide  that  there  shall  be  no  in  school 

.  Ill-  elections. 

denial  of  the  elective  franchise  at  any  school  election  on  ac- 
count of  sex. 

Sec.  3.   All  idiots,  insane  persons,  and  persons  convicted  of  ^ong'^not*^'"' 
infamous  crime,  unless  restored  to  their  civil  rights,  are  ex-  electors, 
eluded  from  the  elective  franchise. 

Sec.  4.   For  the  purpose  of  voting  and  eligibility  to  office  no  Residence  not 

.  gained  or  lost 

person  shall  be  deemed  to  have  gamed  a  residence  by  reason  by  military 

service  elc. 

of  his  presence,  or  lost  it  by  reason  of  his  absence,  while  in  the 
civil  or  military  service  of  the  state  or  of  the  United  States, 
nor  while  a  student  at  any  institution  of  learning,  nor  while 
kept  at  public  expense  at  any  poor  house  or  other  asylum,  nor 
while  confined  in  public  prison,  nor  while  engaged  in  the  nav- 
igation of  the  waters  of  this  state  or  of  the  United  States,  or 
of  the  high  seas. 

Sec.  5.    Voters  shall   in   all   cases  except  treason,   felony  immunity 

.     from  arrest  on 

and  breach  of  the  peace,  be  privileged  from  arrest  during  their  election  days, 
attendance  at  elections  and  in  going  to  and  returning  there- 
from.     No  elector  shall  be  required  to  do  military  duty  on  the 
day  of  any  election  except  in  time  of  war  or  public  danger. 

Sec.  6.  All  elections  shall  be  by  ballot.     The  legislature  Elections 

,     , ,  .  -1      /.  ,  1       1      /.  •  -11  t>y  ballot. 

shall  provide  for  such  method  or  voting  as  will  secure  to  every 
elector  absolute  secrecy  in  preparing  and  depositing  his  ballot. 

Sec.  7.  The  legislature  shall  enact  a  registration  law,  and  t^o,^'fawa. 
shall  require  a  compliance  with  such  law  before  any  elector 
shall  be  allowed  to  vote:  Provided,  That  this  provision  is  not 
compulsory  upon  the  legislature,  except  as  to  cities  and  towns 
having  a  population  of  over  five  hundred  inhabitants.  In  all 
other  cases  the  legislature  may  or  may  not  require  registration 
as  a  pre-requisite  to  the  right  to  vote,  and  the  same  system  of 
registration  need  not  be  adopted  for  both  classes. 

Sec.  8.   The  first  election  of  county  and  district  officers,  not  First  election 

"'  _  of  otncers; 

Otherwise  provided  for  in  this  constitution,  shall  be  on  the  subsequent 

r  elections. 

Tuesday  next  after  the  first  Monday  in  November,  1890,  and 
thereafter  all  elections  for  such  officers  shall  be  held  biennially 
on  the  Tuesday  next  succeeding  the  first  Monday  in  November. 
The  first  election  of  all  state  officers  not  otherwise  provided 
for  in  this  constitution,  after  the  election  held  for  the  adoption 
of  this  constitution,  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November,  1892,  and  the  elections  for  such  state 


126 


STATE  CONSTITUTION. 


officers  shall  be  every  fourtli  year  thereafter  on  the  Tuesday 
succeeding  the  first  Monday  in  November. 


.■\11  property 
taxed  accord- 
ing to  value; 
annual  levies. 


Uniform  and 
equal  rates 
of  taxation. 


Exemptions. 


Assessment  of 

corporation 

property. 


No  tax  except 
in  pursuance 
of  law. 


All  taxes  paid 
in  money. 


Statement  of 
receipts  and 
expenditures. 


ARTICLE    VII. REVENUE    AND    TAXATION. 

Section  1.  All  property  in  the  state,  not  exempt  under  the 
laws  of  the  United  States,  or  under  this  constitution,  shall  be 
taxed  in  proportion  to  its  value,  to  be  ascertained  as  provided 
by  law.  The  legislature  shall  provide  by  law  for  an  annual 
tax  sufficient,  with  other  sources  of  revenue,  to  defray  the  esti- 
mated ordinary  expenses  of  the  state  for  each  fiscal  year.  And 
for  the  purpose  of  paying  the  state  debt,  if  there  be  any,  the 
legislature  shall  provide  for  levying  a  tax  annually,  sufficient 
to  pay  the  annual  interest  and  principal  of  such  debt  within 
twenty  years  from  the  final  passage  of  the  law  creating  the 
debt. 

Sec.  2.  The  legislature  shall  provide  by  law  a  uniform  and 
equal  rate  of  assessment  and  taxation  on  all  property  in  the 
state,  according  to  its  value  in  money,  and  shall  prescribe  such 
regulations  by  general  law  as  shall  secure  a  just  valuation  for 
taxation  of  all  property,  so  that  every  person  and  corporation 
shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  or  its 
property:  Provided,  That  a  deduction  of  debts  from  credits 
may  be  authorized:  Provided  further.  That  the  property  of 
the  United  States,  and  of  the  state,  counties,  school  districts 
and  other  municipal  corporations,  and  such  other  property  as 
the  legislature  may  by  general  laws  provide,  shall  be  exempt 
from  taxation. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for  the 
assessing  and  levying  of  taxes  on  all  corporation  property  as 
near  as  may  be  by  the  same  methods  as  are  provided  for  the 
assessing  and  levying  of  taxes  on  individual  property. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  prop- 
erty shall  not  be  surrendered  or  suspended  by  any  contract  or 
grant  to  which  the  state  shall  be  a  party. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  of  law; 
and  every  law  imposing  a  tax  shall  state  distinctly  the  object 
of  the  same,  to  which  only  it  shall  be  applied. 

Sec.  6.  All  taxes  levied  and  collected  for  state  purposes  shall 
be  paid  in  money  only  into  the  state  treasury. 

Sec.  7.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  moneys  shall  be  published  annually,  in  such 
manner  as  the  legislature  may  provide. 

Sec.  8.   Whenever  the  expenses  of  any  fiscal  year  shall  ex- 


STATE  CONSTITUTION.  127 


ceed  the  income,  the  legislature  may  provide  for  levying  a  tax  Deficiencies 

n         ^  tv    •  -11  -  .        i"  revenue 

for  the  ensuing  fiscal  year,  sufficient,  with  other  sources  of  in-  provided  for. 
come,  to  pay  the  deficiency,  as  well  as  the  estimated  expenses 
of  the  ensuing  fiscal  year. 

Sec.  9.   The  legislature  may  vest  the  corporate  authorities  Rights  of  cities 

111-  *"'^  towns  to 

of  cities,  towns  and  villages  with  the  power  to  make  local  im-  levy  special 

•    1  1  •    ^  •  e  taxes. 

provements  by  special  assessment,  or  by  special  taxation  of 
property  benefited.  For  all  corporate  purposes,  all  municipal 
corporations  may  be  vested  with  authority  to  assess  and  collect 
taxes,  and  such  taxes  shall  be  uniform  in  respect  to  persons  and 
property  within  the  jurisdiction  of  the  body  levying  the  same. 

AKTICLE  VIII. STATE,   COUNTY  AND  MUNICIPAL   INDEBTEDNESS. 

Section  1.   The  state  may,  to  meet  casual  deficits  or  failures  state  indebted- 

•'  .  ness  limited. 

in  revenues,  or  for  expenses  not  provided  for,  contract  debts, 
but  such  debts,  direct  and  contingent,  singly  or  in  the  aggre- 
gate, shall  not  at  any  time  exceed  four  hundred  thousand  dol- 
lars (8400,000),  and  the  moneys  arising  from  the  loans 
creating  such  debts  shall  be  applied  to  the  purpose  for  which 
they  were  obtained,  or  to  repay  the  debts  so  contracted,  and 
to  no  other  purpose  whatever. 

Sec.  2.   In  addition  to  the  above  limited  power  to  contract  Exceptions  to 

'■  ^  limitation. 

debts,  the  state  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  to  defend  the  state  in  war,  but  the  money 
arising  from  the  contracting  of  such  debts  shall  be  applied  to 
the  purpose  for  which  it  was  raised,  and  to  no  other  purpose 
whatever. 

Sec.  3.   Except  the  debts  specified  in  sections  one  and  two  special  pro- 
of this  article,  no  debt  shall  hereafter  be  contracted  by,  or  on  curringin- 

d  cl)  1 6cl  n  CSS 

behalf  of  this  state,  unless  such  debt  shall  be  authorized  by 
law  for  some  single  work  or  object  to  be  distinctly  specified 
therein,  which  law  shall  provide  ways  and  means,  exclusive 
of  loans,  for  the  payment  of  the  interest  on  such  debt  as  it 
falls  due,  and  also  to  pay  and  discharge  the  principal  of  such 
debt  within  twenty  years  from  the  time  of  the  contracting 
thereof.  No  such  law  shall  take  effect  until  it  shall,  at  a 
general  election,  have  been  submitted  to  the  people  and  have 
received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election,  and  all  moneys  raised  by  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  therein  stated,  or 
to  the  payment  of  the  debt  thereby  created,  and  such  law  shall 
be  published  in  at  least  one  newspaper  in  each  county,  if  one 
be  published  therein,  throughout  the  state,  for  three  months 


128  STATE  CONSTITUTION. 

next  preceding  the  election  at  which  it  is  submitted  to  the 
people. 

aUons^'"  ^^^*  ^'   -^^  moneys  shall  ever  be  paid  out  of  the  treasury  of 

this  state,  or  any  of  its  funds,  or  any  of  the  funds  under  its 
management,  except  in  pursuance  of  an  appropriation  by  law; 
nor  unless  such  payment  be  made  within  two  years  from  the 
first  day  of  May  next  after  the  passage  of  such  appropriation 
act,  and  every  such  law  making  a  new  appropriation,  or  con- 
tinuing or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to  be  ap- 
plied, and  it  shall  not  be  sufficient  for  such  law  to  refer  to  any 
other  law  to  fix  such  sum. 

^hau  nCt  be"*'^       Sec.  5.   The  Credit  of  the  state  shall  not,  in  any  manner,  be 

aidlff^cor-        given  or  loaned  to,  or  in  aid  of,  any  individual,  association, 

porations.         company  or  corporation. 

Limit  of  in-  Sec.  6.   No  couutyy  city,  town,  school  district  or  other  mu- 

debtedness  of..,  ^.  ^      ^^    r  •,  •-,-,-,. 

counties,  cities  nicipal  Corporation  shall  tor  any  purpose  become  indebted  in 
districts.  any  manner  to  an  amount  exceeding  one  and   one-half  per 

centum  of  the  taxable  property  in  such  county,  city,  town, 
school  district  or  other  municipal  corporation,  without  the 
assent  of  three-fifths  of  the  voters  therein  voting  at  an  elec- 
tion to  be  held  for  that  purpose,  nor  in  cases  requiring  such 
assent  shall  the  total  indebtedness  at  any  time  exceed  five  per 
centum  on  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  last  assessment  for  state  and  county  pur- 
poses previous  to  the  incurring  of  such  indebtedness,  except 
that  in  incorporated  cities  the  assessment  shall  be  taken  from 
the  last  assessment  for  city  purposes:  Provided^  That  no  part 
of  the  indebtedness  allowed  in  this  section  shall  be  incurred 
for  any  purpose  other  than  strictly  county,  city,  town,  school 
district  or  other  municipal  purposes:  Provided  further,  That 
any  city  or  town  with  such  assent  may  be  allowed  to  become 
indebted  to  a  larger  amount,  but  not  exceeding  five  per  centum 
additional,  for  supplying  such  city  or  town  with  water,  arti- 
ficial light  and  sewers  when  the  works  for  supplying  such 
water,  light  and  sewers  shall  be  owned  and  controlled  by  the 
municipality. 

Counties  and         Sec.  7.   No  couuty,  city,  town  or  other  municipal  corpora- 
municipalities      .  11/..  . 

shall  not  aid     tion  shall  hereafter  give  any  money  or  property,  or  loan  its 

corporations,  "     ,  .\        .  .        .     .\  .      . 

etc.  money  or  credit,  to  or  in  aid  of  any  individual,  association, 

company  or  corporation,  except  for  the  necessary  support  of 
the  poor  and  infirm,   or  become  directly  or  indirectly  the 


STATE  CONSTITUTION.  129 

owner  of  any  stock  In  or  bonds  of  any  association,  company 
or  corporation. 

ARTICLE   IX. —  EDUCATION. 

Sectiox  1.   It  is  the  paramount  duty  of  the  state  to  make  Education 

1  ..  -  ,  ,  .  p-111'11  •  T         of  children, 

ample  provision  for  the  education  of  all  children  residing 
within  its  borders,  without  distinction  or  preference  on  ac- 
count of  race,  color,  caste  or  sex. 

Sec.  2.   The  legislature  shall  provide  for  a  general  and  uni-  Uniform  ays- 
form  system  of  public  schools.     The  public  school  system  schools;  in- 
shall  include  common  schools,  and  such  high  schools,  normal  support  of. 
schools,  and  technical  schools  as  may  hereafter  be  established. 
But  the  entire  revenue  derived  from  the  common  school  fund, 
and  the  state  tax  for  common  schools,  shall  be  exclusively 
applied  to  the  support  of  the  common  schools. 

Sec.  3.   The  principal  of    the  common  school  fund  shall  Common 

*^  ,  ,  _  school  fund ; 

remain  permanent  and  irreducible.      The  said  fund  shall  be  fierived  from 

■^  ,  what  sources. 

derived  from  the  following  named  sources,  to  wit:  Appropri- 
ations and  donations  by  the  state  to  this  fund;  donations  and 
bequests  by  individuals  to  the  state  or  public  for  common 
schools;  the  proceeds  of  lands  and  other  property  which  re- 
vert to  the  state  by  escheat  and  forfeiture;  the  proceeds  of  all 
property  granted  to  the  state,  when  the  purpose  of  the  grant 
is  not  specified,  or  is  uncertain;  funds  accumulated  in  the 
treasury  of  the  state  for  the  disbursement  of  which  provision 
has  not  been  made  by  law;  the  proceeds  of  the  sale  of  timber, 
stone,  minerals  and  other  property  from  school  and  state  lands, 
other  than  those  granted  for  specific  purposes;  all  moneys  re- 
ceived from  persons  appropriating  timber,  stone,  minerals 
or  other  property  from  school  and  state  lands  other  than 
those  granted  for  specific  purposes,  and  all  moneys  other 
than  rental  recovered  from  persons  trespassing  on  said  lands; 
five  per  centum  of  the  proceeds  of  the  sale  of  public  lands 
lying  within  the  state,  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  the  state  into  the  Union 
as  approved  by  section  13  of  the  act  of  congress  enabling  the 
admission  of  the  etate  into  the  Union;  the  principal  of  all 
funds,  arising  from  the  sale  of  lands  and  other  property  which 
have  been,  and  hereafter  may  be,  granted  to  the  state  for  the 
support  of  common  schools.     The  legislature  may  make  fur-  Legisinture 

,  .    .  ,.  1  •  •  1    r        1         n-ii       •  •"•*>'  provide 

ther  provisions  for  enlarging  said  lund.      I  he  interest  accru-  forincrease. 
ing  on  said  fund,  together  with  all  rentals  and  other  revenues 
derived  therefrom,  and  from    lands  and  other  property  de- 
—9 


130 


STATE  CONSTITUTION. 


Schools  non- 
sectarian. 


Losses  to  per- 
manent school 
fund  become 
a  debt  on  state. 


Military  duty, 
who  are  lia- 
ble to. 


Organization 
of  militia. 


Soldiers' home, 


Inamunity 
from  arrest. 


Exemption 
from  military 
duty. 


voted  to  the  common  school  fund,  shall  be  exclusively  applied 
to  the  current  use  of  the  common  schools. 

Sec.  4.  All  schools  maintained  or  supported  wholly  or  in 
part  by  the  public  funds  shall  be  forever  free  from  sectarian 
control  or  influence. 

Sec.  5.  All  losses  to  the  permanent  common  school  or  any 
other  state  educational  fund,  which  shall  be  occasioned  by 
defalcation,  mismanagement  or  fraud  of  the  agents  or  officers 
controlling  or  managing  the  same,  shall  be  audited  by  the 
proper  authorities  of  the  state.  The  amount  so  audited  shall 
be  a  permanent  funded  debt  against  the  state  in  favor  of  the 
particular  fund  sustaining  such  loss,  upon  which  not  less 
than  6  per  cent,  annual  interest  shall  be  paid.  The  amount 
of  liability  so  created  shall  not  be  counted  as  a  part  of  the 
indebtedness  authorized  and  limited  elsewhere  in  this  consti- 
tution. 

ARTICLE  X. —  MILITIA. 

Section  1.  All  able-bodied  male  citizens  of  this  state,  be- 
tween the  ages  of  eighteen  (18)  and  forty-five  (45)  years, 
except  such  as  are  exempt  by  laws  of  the  United  States  or  by 
the  laws  of  this  state,  shall  be  liable  to  military  duty. 

Sec.  2.  The  legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  in  such  manner  as  it  may  deem 
expedient,  not  incompatible  with  the  constitution  and  laws 
of  the  United  States.  Officers  of  the  militia  shall  be  elected 
or  appointed  in  such  manner  as  the  legislature  shall  from 
time  to  time  direct,  and  shall  be  commissioned  by  the  gov- 
ernor. The  governor  shall  have  power  to  call  forth  the  militia 
to  execute  the  laws  of  the  state  to  suppress  insurrections  and 
repel  invasions. 

Sec.  3.  The  legislature  shall  provide  by  law  for  the  main- 
tenance of  a  soldiers'  home  for  honorably  discharged  Union 
soldiers,  sailors,  marines  and  members  of  the  state  militia 
disabled  while  in  the  line  of  duty,  and  who  are  bona  fide  cit- 
izens of  the  state. 

Sec.  4.  The  legislature  shall  provide  by  law  for  the  pro- 
tection and  safe  keeping  of  the  public  arms.  * 

Sec.  5.  The  militia  shall,  in  all  cases,  except  treason,  felony 
and  breach  of  the  peace,  be  privileged  from  arrest  during  the 
attendance  at  musters  and  elections  of  officers,  and  in  going 
to  and  returning  fi-om  the  same. 

Sec.  6.  No  person  or  persons,  having  conscientious  scruples 
against  bearing  arms,  shall  be  compelled  to  do  militia  duty 


STATE  CONSTITUTION.  131 

in  time  of  peace:  Provided,  Such  person  or  persons  shall  pay 
an  equivalent  for  such  exemption. 

ARTICLE  XI.  —  COUNTY,   CITY  AND  TOWNSHIP  ORGANIZATION. 

Section  1.   The  several  counties  of  the  Territory  of  Wash-  county  organ- 

,         .  c     1  1  •  CI-  •         •         ization  recog- 

ington  existing  at  the  time  of  the  adoption  of  this  constitution  nized. 
are  hereby  recognized  as  legal  subdivisions  of  this  state. 

Sec.  2.   No  county  seat  shall  be  removed  unless  three-fifths  Removal  of 

, .  r.     1      1  e     ^  ■  •    couiity  seats. 

of  the  qualified  electors  of  the  county,  voting  on  the  proposi- 
tion at  a  general  election,  shall  vote  in  favor  of  such  removal, 
and  three-fifths  of  all  votes  cast  on  the  proposition  shall  be  re- 
quired to  relocate  a  county  seat.  A  proposition  of  removal 
shall  not  be  submitted  in  the  same  county  more  than  once  in 
four  years. 

Sec.  3.   No  new  county  shall  be  established  which  shall  re-  organiza- 

1      •  c    1  1  c  1  tioiiofnew 

duce  any  county  to  a  population  of  less  than  four  thousand  counties. 
(4,000),  nor  shall  a  new  county  be  formed  containing  a  less 
population  than  two  thousand  (2,000).  There  shall  be  no 
territory  stricken  from  any  county  unless  a  majority  of  the 
voters  living  in  such  territory  shall  petition  therefor,  and  then 
only  under  such  other  conditions  as  may  be  prescribed  by  a 
general  law    applicable   to  the   whole  state.     Every  county  change  of 

o  '■  ^  .  boundaries. 

which  shall  be  enlarged  or  created  from  territory  taken  from 
any  other  county  or  counties  shall  be  liable  for  a  just  propor- 
tion of  the  existing  debts  and  liabilities  of  the  county  or 
counties  from  which  such  territory  shall  be  taken:  Provided, 
That  in  such  accounting  neither  county  shall  be  charged  with 
any  debt  or  liability  then  existing,  incurred  in  the  purchase  of 
any  county  property  or  in  the  purchase  or  construction  of  any 
county  buildings  then  in  use  or  under  construction,  which 
shall  fall  within  and  be  retained  by  the  county:  Provided  fur- 
ther, That  this  shall  not  be  construed  to  affect  the  rights  of 
creditors. 

Sec.  4.  The  legislature  shall  establish  a  system  of  county  system  of 

,  .  countv  gov- 

government  which  shall  be  uniform  throughout  the  state,  and  emment. 
by  general  laws  shall  provide  for  township  organization,  under 
which  any  county  may  organize  whenever  a  majority  of  the 
qualified  electors  of  such  county  voting  at  a  general  elec- 
tion shall  so  determine,  and  whenever  a  county  shall  adopt 
township  organization,  the  assessment  and  collection  of  the 
ravenue  shall  be  made,  and  the  business  of  such  county,  and  the 
local  affairs  of  the  several  townships  therein,  shall  be  managed 
and  transacted  in  the  manner  prescribed  by  such  general  law. 


132 


STATE  CONSTITUTION. 


County  offl- 
cci-s,  compen- 
sation of. 


Vacancies, 


Ineligibility 
for  more  than 
two  terms. 

Salaries. 


All  counties 
liable  for  state 
taxes. 


Municipal  cor- 
porations, not 
created  by 
special  acts. 


Sec.  5.  The  legislature,  by  general  and  uniform  laws,  shall 
provide  for  the  election  in  the  several  counties  of  boards  of 
county  commissioners,  sheriffs,  county  clerks,  treasurers,  pros- 
ecuting attorneys,  and  other  county,  township  or  precinct  and 
district  officers,  as  public  convenience  may  require,  and  shall 
prescribe  their  duties  and  fix  their  terms  of  office.  It  shall 
regulate  the  compensation  of  all  such  officers,  in  proportion  to 
their  duties,  and  for  that  purpose  may  classify  the  counties  by 
population.  And  it  shall  provide  for  the  strict  accountability 
of  such  officers  for  all  fees  which  may  be  collected  by  them, 
and  for  all  public  moneys  which  may  be  paid  to  them,  or 
officially  come  into  their  possession. 

Sec.  6.  The  board  of  county  commissioners  in  each  county 
shall  fill  all  vacancies  occurring  in  any  county,  township,  pre- 
cinct or  road  district  office  of  such  county  by  appointment,  and 
officers  thus  appointed  shall  hold  office  till  the  next  general 
election,  and  until  their  successors  are  elected  and  qualified. 

Sec.  1.  No  county  officer  shall  be  eligible  to  hold  his  office 
more  than  two  terms  in  succession. 

Sec.  8.  The  legislature  shall  fix  the  compensation  by  sala- 
ries of  all  county  officers,  and  of  constables  in  cities  having  a 
population  of  5,000  and  upward;  except  that  public  adminis- 
trators, surveyors  and  coroners  may  or  may  not  be  salaried 
officers.  The  salary  of  any  county,  city,  town  or  municipal 
officer  shall  not  be  increased  or  diminished  after  his  election, 
or  during  his  term  of  office;  nor  shall  the  term  of  any  such 
officer  be  extended  beyond  the  period  for  which  he  is  elected 
or  appointed. 

Sec.  9.  No  county,  nor  the  inhabitants  thereof,  nor  the 
property  therein,  shall  be  released  or  discharged  from  its  or 
their  proportionate  share  of  taxes  to  be  levied  for  state  pur- 
poses, nor  shall  commutation  for  such  taxes  be  authorized  in 
any  form  whatever. 

Sec.  10.  Corporations  for  municipal  purposes  shall  not  be 
created  by  special  laws;  but  the  legislature,  by  general  laws, 
shall  jjrovide  for  the  incorporation,  organization  and  classifi- 
cation, in  proportion  to  population,  of  cities  and  towns,  which 
laws  may  be  altered,  amended  or  repealed.  Cities  and  towns 
heretofore  organized  or  incorporated  may  become  organized  un- 
der such  general  laws  whenever  a  majority  of  the  electors  vot- 
ing at  a  general  election  shall  so  determine,  and  shall  organize 
in  conformity  therewith;  and  cities  or  towns  heretofore  or  here- 
after organized,  and  all  charters  thereof  framed  or  adopted  by 


STATE  CONSTITUTION.  133 

authority  of  this  constitution,  shall  be  subject  to  and  con- 
trolled by  sreneral  laws.     Any  city  contain  in  gr  a  population  of  9^*'■'®'?„'lp^„ 

•'    °  J  J  OIL  Cities  of  20,000 

twenty  thousand  inhabitants,  or  more,  shall  be  permitted  to  o>""nore. 
frame  a  charter  for  its  own  government,  consistent  with  and 
subject  to  the  constitution  and  laws  of  this  state,  and  for  such 
purpose  the  legislative  authority  of  such  city  may  cause  an 
election  to  be  had,  at  which  election  there  shall  be  chosen  by 
the  qualified  electors  of  said  city,  fifteen  freeholders  thereof, 
who  shall  have  been  residents  of  said  city  for  a  period  of  at 
least  two  years  preceding  their  election,  and  qualified  electors, 
whose  duty  it  shall  be  to  convene  within  ten  days  after  their 
election  and  prepare  and  propose  a  charter  for  such  city.  Such 
proposed  charter  shall  be  submitted  to  the  qualified  electors  Adoption  of 
of  said  city,  and  if  a  majority  of  such  qualified  electors  voting 
thereon  ratify  the  same,  it  shall  become  the  charter  of  said 
city,  and  shall  become  the  organic  law  thereof,  and  supersede 
any  existing  charter,  including  amendments  thereto,  and  all 
special  laws  inconsistent  with  such  charter.  Said  proposed 
charter  shall  be  published  in  two  daily  newspapers  published 
in  said  city,  for  at  least  thirty  days  prior  to  the  day  of  submit- 
ting the  same  to  the  electors  for  their  approval,  as  above 
provided.  All  elections  in  this  section  authorized  shall  only 
be  had  upon  notice,  which  notice  shall  specify  the  object  of 
calling  such  election,  and  shall  be  given  for  at  least  ten  days 
before  the  day  of  election,  in  all  election  districts  of  said  city. 
Said  elections  may  be  general  or  special  elections,  and  except 
as  herein  provided  shall  be  governed  by  the  law  regulating 
and  controlling  general  or  special  elections  in  said  city.  Such 
charter  may  be  amended  by  proposals  therefor  submitted  by  Amendment 

.  ,        .  ^  "^   of  charier. 

the  legislative  authority  of  such  city  to  the  electors  thereof  at 
any  general  election  after  notice  of  said  submission  published 
as  above  specified,  and  ratified  by  a  majority  of  the  qualified 
electors  voting  thereon.  In  submitting  any  such  charter,  or 
amendment  thereto,  any  alternate  article  or  proposition  may 
be  presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  others. 

Sec.  11.   Any  county,  city,  town  or  township  may  make  privileges 
and  enforce  within  its  limits  all  such  local  police,  sanitary  and  ° 
other  regulations  as  are  not  in  conflict  with  general  laws. 

Skc.  12.   The  legislature  shall    have  no  power  to  impose  Local  taxation 

.  ^-  -x-  i  i-L  •    •       1  governed  by 

taxes  upon  counties,  cities,  towns  or  other  municipal  corpora-  general  laws, 
tions,  or  upon  the  inhabitants  or  property  thereof,  for  county, 
city,  town,  or  other  municipal   purposes,  but  may  by  general 


134  STATE  CONSTITUTION. 

laws  vest  in  the  corporate  authorities  thereof  the  power  to 
assess  and  collect  taxes  for  such  purposes. 

Sec.  13.   Private  property  shall  not  be  taken  or  sold  for  the 
payment  of  the  corporate  debt  of  any  public  or  municipal  cor- 
poration, except  in  the  mode  provided  by  law  for  the  levy 
and  collection  of  taxes, 
^f"'**  b["' "^^        Sec.  14.   The  making  of  profit  out  of  county,  city,  town  or 
money  a  other  public  moncy,  or  using  the  same  for  any  purpose  not 

authorized  by  law,  by  any  officer  having  the  possession  or 
control  thereof,  shall  be  a  felony,  and  shall  be  prosecuted  and 
punished  as  prescribed  by  law. 
All  public  gj;c,  15.   All  moneys,  assessments  and  taxes  belonging  to 

money  to  be  •'    '  o     o 

deposited  with  qj.  collected  for  the  use  of  any  county,  city,  town  or  other 

treasurer.  •'  •'  '  •'  ' 

public  or  municipal  corporation,  coming  into  the  hands  of  any 
officer  thereof,  shall  immediately  be  deposited  with  the 
treasurer,  or  other  legal  depositary,  to  the  credit  of  such  city, 
town,  or  other  corporation  respectively,  for  the  benefit  of  the 
funds  to  which  they  belong. 

AJtTICLE    XII. CORPORATIONS    OTHER    THAN    MUNICIPAL. 

Not  created  by  SECTION  1.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  acts.  All  laws  relating  to 
corporations  may  be  altered,  amended  or  repealed  by  the  leg- 
islature at  any  time,  and  all  corporations  doing  business  in 
this  state  may,  as  to  such  business,  be  regulated,  limited  or 
restrained  by  law. 

Sec.  2.  All  existing  charters,  franchises,  special  or  exclu- 
sive privileges,  under  which  an  actual  and  bona  fide  organi- 
zation shall  not  have  taken  place,  and  business  been 
commenced  in  good  faith,  at  the  time  of  the  adoption  of  this 
constitution,  shall  thereafter  have  no  validity. 

Legislature  Sec.  3.   The  legislature  shall  not  extend  any  franchise  or 

shall  not  ex-  .         ,         „       .    .  „  />  i  •  i 

tend  franchise  charter,  nor  remit  the  forfeiture  or  any  franchise  or  charter 

or  remit  for-  .  .      .  i  •    i       i     n   i  r 

feiture.  of  any  Corporation  now  existing,  or  which  shall  hereafter  exist 

under  the  laws  of  this  state. 
Liability  of  Sec.  4.   Each  Stockholder  in  all  incorporated  Companies,  cx- 

stocklioldGrs. 

cept  corporations  organized  for  banking  or  insurance  purposes, 
shall  be  liable  for  the  debts  of  the  corporation  to  the  amount 
of  his  unpaid  stock,  and  no  more,  and  one  or  more  stockholders 
may  be  joined  as  parties  defendant  in  suits  to  recover  upon 
this  liability. 
Corporation,         Sec.  5.   The  term  corporations,  as  used  in  this  article,  shall 

construed  to  .ith  ••  !••  i 

include  what,    be  construed  to  include  all  associations  and  joint  stock  com- 


STATE  CONSTITUTION.  136 

panics  having  any  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships,  and  all  corporations 
shall  have  the  right  to  sue  and  shall  be  subject  to  be  sued,  in 
all  courts,  in  like  cases  as  natural  persons. 

Sec.  6.   Corporations  shall  not  issue  stock,  except  to  bona  Corporation 

.  .  stock,  fictitious 

fide  subscribers  therefor,  or  their  assignees;  nor  shall  any  issue  void, 
corporation  issue  any  bond,  or  other  obligation,  for  the  pay- 
ment of  money,  except  for  money  or  property  received  or 
labor  done.  The  stock  of  corporations  shall  not  be  increased, 
except  in  pursuance  of  a  general  law,  nor  shall  any  law  au- 
thorize the  increase  of  stock,  without  the  consent  of  the  per- 
son or  persons  holding  the  larger  amount  in  value  of  the  stock, 
nor  without  due  notice  of  the  proposed  increase  having  been 
previously  given  in  such  manner  as  may  be  prescribed  by  law. 
All  fictitious  increase  of  stock  or  indebtedness  shall  be  void. 

Sec.  7.  No  corporation  organized  outside  the  limits  of  this 
state  shall  be  allowed  to  transact  business  within  the  state  on 
more  favorable  conditions  than  are  prescribed  by  law  to  sim- 
ilar corporations  organized  under  the  laws  of  this  state. 

Sec.  8.   No  corporation  shall  lease  or  alienate  any  franchise,  Leasing  or 

'  alienation  of 

so  as  to  relieve  the  franchise,  or  property  held  thereunder,  franchises. 
from  the  liabilities  of  the  lessor,  or  grantor,  lesee,  or  grantee, 
contracted  or  incurred  in  the  operation,  use,  or  enjoyment  of 
such  franchise  or  any  of  its  privileges. 

Sec.  9.   The  state  shall  not  in  any  manner  loan  its  credit,  state  shall  not 

''  .  loan  its  credit 

nor  shall  it  subscribe  to,  or  be  interested  in,  the  stock  of  any  to  oorpora- 

'  _  *'    tioiis. 

company,  association  or  corporation. 

Sec.  10.   The  exercise  of  the  right  of  eminent  domain  shall  Eminent  do- 

"  _  main,  state 

never  be  so  abridged  or  construed  as  to  prevent  the  legisla-  mnv  exercise 

°  .  .  right. 

ture  from  taking  the  property  and  franchises  of  incorporated 
companies,  and  subjecting  them  to  public  use  the  same  as  the 
property  of  individuals. 

Sec.  1 1 .   No  corporation,  association,   or   individual   shall  Corporations 

'■  .  and  individ- 

issue  or  put  in  circulation  as  money  anything  but  the  lawful  ""'« sha"  not 

'  ^  ./  <_>  issue  money, 

money  of  the  United  States.      Each  stockholder  of  any  bank-  except  lawful 

.  .  .    .  .      .  money  of  U.  S. 

ing  or  insurance  corporation  or  joint  stock  association  shall 
be  individually  and  personally  liable,  equally  and  ratably  and  linijijity  of 
not  one  for  another,  for  all  contracts,  debts  and  engagements 
of  such  corporation  or  association  accruing  while  they  remain 
such  stockholders,  to  the  extent  of  the  amount  of  their  stock 
therein  at  the  par  value  thereof,  in  addition  to  the  amount  in- 
vested in  such  shares. 

Sec.  12.   Any  president,  director,  manager,  cashier,  or  other 


136 


STATE  CONSTITUTION. 


Insolvent 
bnnkti  shall 
not  receive 
deposits. 


Common  car- 
riers; riglits; 
duties. 


Certain  com- 
binations of 
forbidden. 


Discrimina- 
tion in  rates 
forbidden. 


Shall  not  con- 
solidate. 


oflBcer  of  any  banking  institution  who  shall  receive  or  assent 
to  the  reception  of  deposits  after  he  shall  have  knowledge  of 
the  fact  that  such  banking  institution  is  insolvent  or  in  fail- 
ing circumstances  shall  be  individually  responsible  for  such 
deposits  so  received. 

Sec.  13.  All  railroad,  canal  and  other  transportation  com- 
panies are  declared  to  be  common  carriers  and  subject  to 
legislative  control.  Any  association  or  corporation  organ- 
ized for  the  purpose,  under  the  laws  of  the  state,  shall  have 
the  right  to  connect  at  the  state  line  with  railroads  of  other 
states.  Every  railroad  company  shall  have  the  right  with  its 
road,  whether  the  same  be  now  constructed  or  may  hereafter 
be  constructed,  to  intersect,  cross  or  connect  with  any  other 
railroad,  and  when  such  railroads  are  of  the  same  or  similar 
gauge  they  shall,  at  all  crossings  and  at  all  points  where  a 
railroad  shall  begin  or  terminate  at  or  near  any  other  railroad, 
form  proper  connections,  so  that  the  cars  of  any  such  railroad 
companies  may  be  speedily  transferred  from  one  railroad  to 
another.  All  railroad  companies  shall  receive  and  transport 
each  the  other's  passengers,  tonnage  and  cars  without  delay 
or  discrimination. 

Sec.  14.  No  railroad  company  or  other  common  carrier 
shall  combine  or  make  any  contract  with  the  owners  of  any 
vessel  that  leaves  port  or  makes  port  in  this  state,  or  with  any 
common  carrier,  by  which  combination  or  contract  the  earn- 
ings of  one  doing  the  carrying  are  to  be  shared  by  the  other 
not  doing  the  carrying. 

Sec.  15.  No  discrimination  in  charges  or  facilities  for  trans- 
portation shall  be  made  by  any  railroad  or  other  transporta- 
tion company  between  places  or  persons,  or  in  the  facilities 
for  the  transportation  of  the  same  classes  of  freight  or  pas- 
sengers within  the  state,  or  coming  from  or  going  to  any 
other  state.  Persons  and  property  transported  over  any  rail- 
road, or  by  any  other  transportation  company,  or  individual, 
shall  be  delivered  at  any  station,  landing  or  port,  at  charges 
not  exceeding  the  charges  for  the  transportation  of  persons 
and  property  of  the  same  class,  in  the  same  direction,  to  any 
more  distant  station,  port  or  landing.  Excursion  and  com- 
mutation tickets  may  be  issued  at  special  rates. 

Sec.  16.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation 
owning  a  competing  line. 

Sec.  11.  The  rolling  stock  and  other  moveable  property  be- 


STATE  CONSTITUTION.  137 

longing  to  any  railroad  company  or  corporation  in  this  state  Roiling  stock, 
shall  be  considered  personal  property,  and  shall  be  liable  to  eredtobeper- 

.  ,  sonal  property. 

taxation  and  to  execution  and  sale  in  the  same  manner  as  the 
personal  property  of  individuals,  and  such  property  shall  not 
be  exempted  from  execution  and  sale. 

Sec.  18.   The  legislature  shall  pass  laws  establishing  reason-  ReKuiation 

"  *■  "    ^  of  fares  and 

able  maximum   rates   of  charges   for   the   transportation   of  freights  by 

'^  *  legislature. 

passengers  and  freight,  and  to  correct  abuses,  and  to  prevent 
discrimination  and  extortion  in  the  rates  of  freight  and  pas- 
senger tariffs  on  the  different  railroads  and  other  common  car- 
riers in  the  state,  and  shall  enforce  such  laws  by  adequate 
penalties.  A  railroad  and  transportation  commission  may  be 
established  and  its  powers  and  duties  fully  defined  by  law. 

Sec.  19,    Any  association  or  corporation,  or  the  lessees  or  Telegraph  and 

''  *  telephone 

managers  thereof,  organized  for  the  purpose,  or  any  individ-  companies. 
ual,  shall  have  the  right  to  construct  and  maintain  lines  of 
telegraph  and  telephone  within  this  state,  and  said  companies 
shall  receive  and  transmit  each  other's  messages  without  delay 
or  discrimination,  and  all  of  such  companies  are  hereby  de- 
clared to  be  common  carriers  and  subject  to  legislative  control. 
Railroad  corporations  organized  or  doing  business  in  this  state 
shall  allow  telegraph  and  telephone  corporations  and  com- 
panies to  construct  and  maintain  telegraph  lines  on  and  along 
the  rights-of-way  of  such  railroads  and  railroad  companies, 
and  no  railroad  corporation  organized  or  doing  business  in 
this  state  shall  allow  any  telegraph  corporation  or  company 
any  facilities,  privileges  or  rates  for  transportation  of  men  or 
material,  or  for  repairing  their  lines,  not  allowed  to  all  tele- 
graph companies.  The  right  of  eminent  domain  is  hereby 
extended  to  all  telegraph  and  telephone  companies.  The 
legislature  shall,  by  general  law  of  uniform  operation,  provide 
reasonable  regulations  to  give  effect  to  this  section. 

Sec.  20.   No  railroad  or  other  transportation  company  shall  F.«"^e  passes, 

1^  r       J  discrimination 

grant  free  passes,  or  sell  tickets  or  passes  at  a  discount,  other  forbidden, 
than  as  sold  to  the  public  generally,  to  any  member  of  the 
legislature,  or  to  any  person  holding  any  public  office  within 
this  state.     The  legislature  shall  pass  laws  to  carry  this  pro- 
vision into  effect. 

Sec.  21.   Railroad  companies  now  or  hereafter  organized  or  Railroads  shau 
doing  business  in  this  state,  shall  allow  all  express  companies  nate  against 

1  J    •  u       •  •      ..1  •         i    i       X  ^    ^-  any  express 

organized  or  doing  business  in  this  state,  transportation  over  company, 
all  lines  of  railroad  owned  or  operated  by  such  railroad  com- 
panies upon  equal  terms  with  any  other  express  company,  and 


138 


STATE  CONSTITUTION. 


Trusts  and 

monopolies 

forbidden. 


uo  railroad  corporation  organized  or  doing  business  in  this 
state  shall  allow  any  express  corporation  or  company  any 
facilities,  privileges  or  rates  for  transportation  of  men  or  ma- 
terials or  property  carried  by  them,  or  for  doing  the  business 
of  such  express  companies,  not  allowed  to  all  express  com- 
panies. 

Sec.  22.  Monopolies  and  trusts  shall  never  be  allowed  in  this 
state,  and  no  incorporated  company,  copartnership  or  associa- 
tion of  persons  in  this  state  shall  directly  or  indirectly  combine 
or  make  any  contract  with  any  other  incorporated  company, 
foreign  or  domestic,  through  their  stockholders,  or  the  trus- 
tees or  assignees  of  such  stockholders,  or  with  any  copartner- 
ship or  association  of  persons,  or  in  any  manner  whatever,  for 
the  purpose  of  fixing  the  price  or  limiting  the  production  or 
regulating  the  transportation  of  any  product  or  commodity. 
The  legislature  shall  pass  laws  for  the  enforcement  of  this 
section  by  adequate  penalties,  and  in  case  of  incorporated  com- 
panies, if  necessary  for  that  purpose,  may  declare  a  forfeiture 
of  their  charter. 


ARTICLE    XIII. 


STATE    INSTITUTIONS. 


Educational, 
reformatory 
and  penal  in- 
stitutions. 


Section  1.  Educational,  reformatory  and  penal  institutions; 
those  for  the  benefit  of  blind,  deaf,  dumb  or  otherwise  defec" 
tive  youth,  for  the  insane  or  idiotic,  and  such  other  institu- 
tions as  the  public  good  may  require,  shall  be  fostered  and 
supported  by  the  state,  subject  to  such  regulations  as  may  be 
provided  by  law.  The  regents,  trustees,  or  commissioners  of 
all  such  institutions  existing  at  the  time  of  the  adoption  of  this 
constitution,  and  of  such  as  shall  thereafter  be  established  by 
law,  shall  be  appointed  by  the  governor,  by  and  with  the  ad- 
vice and  consent  of  the  senate;  and  upon  all  nominations 
made  by  the  governor,  the  question  shall  be  taken  by  the  ayes 
and  noes,  and  entered  upon  the  journal. 


ARTICLE    XIV.  —  seat    OF    GOVERNMENT. 

Permanent  SECTION  1.   The  legislature  shall  have  no  power  to  change, 

location  of  seat  .  ^       r  ^-i  •        a    ^         i      ^  1.1. 

ofgovernment,  or  to  locatc  the  scat  of  government  or  this  state;  but  the  ques- 
tion of  the  permanent  location  of  the  seat  of  government  of 
the  state  shall  be  submitted  to  the  qualified  electors  of  the 
territory,  at  the  election  to  be  held  for  the  adoption  of  this 
constitution.  A  majority  of  all  the  votes  cast  at  said  election, 
upon  said  question,  shall  be  necessary  to  determine  the  per- 
manent location  of  the  seat  of  government  for  the  state;  and 


STATE  CONSTITUTION.  139 

no  place  shall  ever  be  the  seat  of  government  which  shall  not 
receive  a  majority  of  the  votes  cast  on  that  matter.  In  case 
there  shall  be  no  choice  of  location  at  said  first  election,  the 
legislature  shall,  at  its  first  regular  session  after  the  adoption 
of  this  constitution,  provide  for  submitting  to  the  qualified 
electors  of  the  state,  at  the  next  succeeding  general  election 
thereafter,  the  question  of  choice  of  location  between  the 
three  places  for  which  the  highest  number  of  votes  shall  have 
been  cast  at  the  said  first  election.  Said  legislature  shall  pro- 
vide further  that  in  case  there  shall  be  no  choice  of  location 
at  said  second  election,  the  question  of  choiee  between  the 
two  places  for  which  the  highest  number  of  votes  shall  have 
been  cast,  shall  be  submitted  in  like  manner  to  the  qualified 
electors  of  the  state  at  the  next  ensuing  general  election: 
Provided,  That  until  the  seat  of  government  shall  have  been  Temporary 
permanently  located  as  herein  provided,  the  temporary  loca- 
tion thereof  shall  remain  at  the  city  of  Olympia. 

Sec.  2.  When  the  seat  of  government  shall  have  been  How  changed, 
located  as  herein  provided,  the  location  thereof  shall  not 
thereafter  be  changed  except  by  a  vote  of  two-thirds  of  all 
the  qualified  electors  of  the  state  voting  on  that  question,  at  a 
general  election,  at  which  the  question  of  location  of  the  seat 
of  government  shall  have  been  submitted  by  the  legislature. 

Sec.  3.   The  legislature  shall  make  no  appropriations  or  ex-  Capitoi 

°  ^'r      r  building. 

penditures  for  capitoi  buildings  or  grounds,  except  to  keep 
the  territorial  capitoi  buildings  and  grounds  in  repair,  and 
for  making  all  necessary  additions  thereto,  until  the  seat  of 
government  shall  have  been  permanently  located,  and  the 
public  buildings  are  erected  at  the  permanent  capital  in  pur- 
suance of  law. 

ARTICLE    XV.  —  HARBORS    AND    TIDE    WATERS. 

Section  1.   The  legislature  shall  provide  for  the  appoint- Har^or  line 

^  °  ,  commission. 

ment  of  a  commission  whose  duty  it  shall  be  to  locate  and 
establish  harbor  lines  in  the  navigable  waters  of  all  harbors, 
estuaries,  bays  and  inlets  of  this  state,  wherever  such  naviga- 
ble waters  lie  within  or  in  front  of  the  corporate  limits  of  any 
city  or  within  one  mile  thereof  upon  either  side.  The  state 
shall  never  give,  sell  or  lease  to  any  private  person,  corpora- 
tion or  association  any  rights  whatever  in  the  waters  beyond 
such  harbor  lines,  nor  shall  any  of  the  area  lying  between  any 
harbor  line  and  the  line  of  ordinary  high  tide,  and  within  not 
less  than  fifty  feet  nor  more  than  600  feet  of  such  harbor  line 


140 


STATE  CONSTITUTION. 


Lensingof  sites 
for  wharves 
anil  docks. 


(as  the  commissioners  shall  determine)  be  sold  or  granted  by 

the    state,    nor  its    right   to   control  the  same  relinquished, 

Areas  reserved  ijjjt  guch  area  shall  be  forever  reserved  for  landings,  wharves, 

for  wharves  ^   '  ' 

and  landings,    streets  and  Other  conveniences  of  navigation  and  commerce. 

Sec.  2.  The  legislature  shall  provide  general  laws  for  the 
leasing  of  the  right  to  build  and  maintain  wharves,  docks  and 
other  structures  upon  the  areas  mentioned  in  section  1  of  this 
article,  but  no  lease  shall  be  made  for  any  term  longer  than 
thirty  years,  or  the  legislature  may  provide  by  general  laws 
for  the  building  and  maintaining  upon  such  area,  wharves, 
docks  and  other  structures. 

Sec.  3.  Municipal  corporations  shall  have  the  right  to  ex- 
tend their  streets  over  intervening  tide  lands  to  and  across  the 
area  reserved  as  herein  provided. 


Shall  not  be 
sold  at  less 
than  market 
value. 


Lands  for  edu- 
cational pur- 
poses sold  to 
liighest  bidder 
at  public 
auction. 


School  lands, 
how  sold. 


ARTICLE    XVI. SCHOOL    AND    GRANTED    LANDS. 

Section  1.  All  the  public  lands  granted  to  the  state  are 
held  in  trust  for  all  the  people,  and  none  of  such  lands,  nor 
any  estate  or  interest  therein,  shall  ever  be  disposed  of  unless 
the  full  market  value  of  the  estate  or  interest  disposed  of,  to 
be  ascertained  in  such  manner  as  may  be  provided  by  law,  be 
paid  or  safely  secured  to  the  state;  nor  shall  any  lands  which 
the  state  holds  by  grant  from  the  United  States  (in  any  case 
in  which  the  manner  of  disposal  and  minimum  price  are  so 
prescribed)  be  disposed  of  except  in  the  manner  and  for  at 
least  the  price  prescribed  in  the  grant  thereof,  without  the  con- 
sent of  the  United  States. 

Sec.  2.  None  of  the  lands  granted  to  the  state  for  educa- 
tional purposes  shall  be  sold  otherwise  than  at  public  auction 
to  the  highest  bidder.  The  value  thereof,  less  the  improve- 
ments, shall,  before  any  sale,  be  appraised  by  a  board  of  ap- 
praisers, to  be  provided  by  law,  the  terras  of  payment  also 
to  be  prescribed  by  law,  and  no  sale  shall  be  valid  unless  the 
sum  bid  be  equal  to  the  appraised  value  of  said  land.  In 
estimating  the  value  of  such  lands  for  disposal,  the  value  of  the 
improvements  thereon  shall  be  excluded:  Provided,  That  the 
sale  of  all  school  and  university  land  heretofore  made  by  the 
commissioners  of  any  county  or  the  university  commissioners, 
when  the  purchase  price  has  been  paid  in  good  faith,  maybe 
confirmed  by  the  legislature. 

Sec.  3.  No  more  than  one-fourth  of  the  land  granted  to  the 
state  for  educational  purposes  shall  be  sold  prior  to  January 
1,  1895,  and  not  more  than  one-half  prior  to  January  1,  1905: 


STATE  CONSTITUTION.  141 

Provided,  That  nothing  herein  shall  be  so  construed  as  to 
prevent  the  state  from  selling  the  timber  or  stone  off  of  any 
of  the  state  lands  in  such  manner  and  on  such  terms  as  may 
be  prescribed  by  law:  And  provided  further,  That  no  sale  of 
timber  lands  shall  be  valid  unless  the  full  value  of  such  lands 
is  paid  or  secured  to  the  state. 

Sec.  4.  No  more  than  one  hundred  and  sixty  (160)  acres  of  subdivision  of. 
any  granted  lands  of  the  state  shall  be  offered  for  sale  in  one 
parcel,  and  all  lands  within  the  limits  of  any  incorporated  city, 
or  within  two  miles  of  the  boundary  of  any  incorporated  city, 
where  the  valuation  of  such  lands  shall  be  found  by  appraise- 
ment to  exceed  one  hundred  dollars  ($100)  per  acre,  shall,  be- 
fore the  same  be  sold,  be  platted  into  lots  and  blocks  of  not 
more  than  five  acres  in  a  block,  and  not  more  than  one  block 
shall  be  offered  for  sale  in  one  parcel. 

Sec.  6.  None  of  the  permanent  school  fund  shall  ever  be  investment 
loaned  to  private  persons  or  corporations,  but  it  may  be  in 
vested  in  national,  state,  county  or  municipal  bonds. 

ARTICLE  Xni. TIDE  LANDS. 

Section  1.  The  State  of  Washington  asserts  its  ownership  ciaim  of  state. 
to  the  beds  and  shores  of  all  navigable  waters  in  the  state  up 
to  and  including  the^line  of  ordinary  high  tide,  in  waters 
where  the  tide  ebbs  and  flows,  and  up  to  and  including  the 
line  of  ordinary  high  water  within  the  banks  of  all  navigable 
rivers  and  lakes:  Provided,  That  this  section  shall  not  be 
construed  so  as  to  debar  any  person  from  asserting  his  claim 
to  vested  rights  in  the  courts  of  the  state. 

Sec.  2.   The  State  of  Washington  disclaims  all  title  in  and  ^i"imed*to^ '^'*" 
claim  to  all  tide,  swamp  and  overflowed  lands  patented  by  the  certain  lands. 
United    States:    Provided,  The    same    is  not  impeached  for 
fraud. 

article  XVIII. STATE  SEAL. 

Section  1.   The  seal  of  the  State  of  Washington  shall  be,  a  Design  of. 
seal  encircled  with  the  words:  "The  seal  of  the  State  of  Wash- 
ington,"  with  the  vignette  of  Gen.    George  Washington  as 
the  central    figure,    and    beneath    the  vignette    the    figures 
"1889." 

ARTICLE  XIX. EXEMPTIONS. 

Section  1.  The  legislature  shall  protect  by  law  from  forced  Homestead, 
sale  a  certain  portion  of  the  homestead  and  other  property  of 
all  heads  of  families. 


142 


STATE  CONSTITUTION. 


Board  of 
healUi. 


Practice  of 
medicine. 


ARTICLE  XX. PUBLIC  HEALTH    AND  VITAL  STATISTICS. 

Section  1.  There  shall  be  established  by  law  a  state  board 
of  health  and  a  bureau  of  vital  statistics  in  connection  there- 
with, with  such  powers  as  the  legislature  may  direct. 

Sec.  2.  The  legislature  shall  enact  laws  to  regulate  the 
practice  of  medicine  and  sui-gery,  and  the  sale  of  drugs  and 
medicines. 


ARTICLE  XXI. 


WATER  AND  WATER  RIGHTS. 


Water  rights.  SECTION  1.  The  usc  of  the  waters  of  the  state  for  irrigation, 
mining  and  manufacturing  purposes  shall  be  deemed  a  pub- 
lic use. 

ARTICLE  XXII. LEGISLATIVE  APPORTIONMENT. 


First  appor- 
tionuient, 
senatorial 
districts. 


Section  1.  Until  otherwise  provided  by  law,  the  state  shall 
be  divided  into  twenty-four  (24)  senatorial  districts,  and  said 
districts  shall  be  constituted  and  numbered  as  follows:  The 
counties  of  Stevens  and  Spokane  shall  constitute  the  first  dis- 
trict, and  be  entitled  to  one  senator;  the  county  of  Spokane 
shall  constitute  the  second  district,  and  be  entitled  to  three 
senators;  the  county  of  Lincoln  shall  constitute  the  third  dis- 
trict, and  be  entitled  to  one  senator;  the  counties  of  Okano- 
gan, Lincoln,  Adams  and  Franklin  shall  constitute  the  fourth 
district,  and  be  entitled  to  one  senator;  the  county  of  Whit- 
man shall  constitute  the  fifth  district,  and  be  entitled  to  three 
senators;  the  counties  of  Garfield  and  Asotin  shall  constitute 
the  sixth  district,  and  be  entitled  to  one  senator;  the  county 
of  Columbia  shall  constitute  the  seventh  district,  and  be  en- 
titled to  one  senator;  the  county  of  Walla  Walla  shall  consti- 
tute the  eighth  district,  and  be  entitled  to  two  senators;  the 
counties  of  Yakima  and  Douglas  shall  constitute  the  ninth 
district,  and  be  entitled  to  one  senator;  the  county  of  Kitti- 
tas shall  constitute  the  tenth  district,  and  be  entitled  to  one 
senator;  the  counties  of  Klickitat  and  Skamania  shall  consti- 
tute the  eleventh  district,  and  be  entitled  to  one  senator;  the 
county  of  Clarke  shall  constitute  the  twelfth  district,  and  be 
entitled  to  one  senator;  the  county  of  Cowlitz  shall  constitute 
the  thirteenth  district,  and  be  entitled  to  one  senator;  the 
county  of  Lewis  shall  constitute  the  fourteenth  district,  and 
be  entitled  to  one  senator;  the  counties  of  Pacific  and  Wah- 
kiakum shall  constitute  the  fifteenth  district,  and  be  entitled 
to  one  senator;  the  county  of  Thurston  shall  constitute  the 
sixteenth  district,  and  be  entitled  to  one  senator;  the  county 
of  Chehalis  shall  constitute  the  seventeenth  district,  and  be 


STATE  CONSTITUTION.  143 

entitled  to  one  senator;  the  county  of  Pierce  shall  constitute 
the  eighteenth  district,  and  be  entitled  to  three  senators;  the 
county  of  King  shall  constitute  the  nineteenth  district,  and 
be  entitled  to  five  senators;  the  counties  of  Mason  and  Kitsap 
shall  constitute  the  twentieth  district,  and  be  entitled  to  one 
senator;  the  counties  of  Jefferson  Clallam  and  San  Juan  shall 
constitute  the  twenty-first  district,  and  be  entitled  to  one 
senator;  the  county  of  Snohomish  shall  constitute  the  twenty- 
second  district,  and  shall  be  entitled  to  one  senator;  the  coun- 
ties of  Skagit  and  Island  shall  constitute  the  twenty-third 
district,  and  be  entitled  to  one  senator;  the  county  of  What- 
com shall  constitute  the  twenty-fourth  district,  and  be  entitled 
to  one  senator. 

Sec.  2.   Until  otherwise  provided  by  law,  the  representa-  First  appor- 
tionment, rep- 
tives  shall  be  divided  among  the  several  counties  of  the  state  resentative 

districts. 

in  the  following  manner:  The  county  of  Adams  shall  have 
one  representative;  the  county  of  Asotin  shall  have  one  rep- 
resentative; the  county  of  Chehalis  shall  have  two  represent- 
atives; the  county  of  Clarke  shall  have  three  representatives; 
the  county  of  Clallam  shall  have  one  representative;  the 
county  of  Columbia  shall  have  two  representatives;  the  county 
of  Cowlitz  shall  have  one  representative;  the  county  of  Doug- 
las shall  have  one  representative;  the  county  of  Franklin 
shall  have  one  representative;  the  county  of  Garfield  shall 
have  one  representative;  the  county  of  Island  shall  have  one 
representative;  the  county  of  Jefferson  shall  have  two  repre- 
sentatives; the  county  of  King  shall  have  eight  representatives; 
the  county  of  Klickitat  shall  have  two  representatives;  the 
county  of  Kittitas  shall  have  two  representatives;  the  county 
of  Kitsap  shall  have  one  representative;  the  county  of  Lewis 
shall  have  two  representatives;  the  county  of  Lincoln  shall 
have  two  representatives;  the  county  of  Mason  shall  have 
one  representative;  the  county  of  Okanogan  shall  have  one 
representative;  the  county  of  Pacific  shall  have  one  represent 
ative;  the  county  of  Pierce  shall  have  six  representatives; 
the  county  of  San  Juan  shall  have  one  representative;  the 
county  of  Skamania  shall  have  one  representative;  the  county 
of  Snohomish  shall  have  two  representatives;  the  county  of 
Skagit  shall  have  two  representatives;  the  county  of  Spokane 
shall  have  six  representatives;  the  county  of  Stevens  shall 
have  one  representative;  the  county  of  Thurston  shall  have 
two  representatives;  the  county  of  Walla  Walla  shall  have 
three  representatives;  the  county  of  Wahkiakum  shall  have 


1*4 


STATE  CONSTITUTION. 


State  consti- 
tution, liow 
amended. 


Convention 
to  amend 
constitution, 
how  called. 


Voters  must 

ratify. 


Boundaries  of 
state  defined. 


one  representative;  the  county  of  Whatcom  shall  have  two 
representatives;  the  county  of  Whitman  shall  have  five  rep- 
resentatives; the  county  of  Yakima  shall  have  one  represent- 
ative. 

ARTICLE   XXIII.  —  AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this  consti- 
tution may  be  proposed  in  either  branch  of  the  legislature,  and 
if  the  same  shall  be  agreed  to  by  two-thirds  of  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment 
or  amendments  shall  be  entered  in  their  joui'nals,  with  the 
ayes  and  noes  thereon,  and  be  submitted  to  the  qualified  elect- 
ors of  the  state  for  their  approval,  at  the  next  general  elec- 
tion, and  if  the  people  approve  and  ratify  such  amendment 
or  amendments,  by  a  majority  of  the  electors  voting  thereon, 
the  same  shall  become  part  of  this  constitution,  and  proclama- 
tion thereof  shall  be  made  by  the  governor:  Provided,  That 
if  more  than  one  amendment  be  submitted,  they  shall  be  sub- 
mitted in  such  a  manner  that  the  people  may  vote  for  or 
against  such  amendments  separately.  The  legislature  shall 
also  cause  the  amendments  that  are  to  be  submitted  to  the 
people  to  be  published  for  at  least  three  months  next  pre- 
ceding the  election,  in  some  weekly  newspaper  in  every  county 
where  a  newspaper  is  published  throughout  the  state. 

Sec.  2.  Whenever  two- thirds  of  the  members  elected  to 
each  branch  of  the  legislature  shall  deem  it  necessary  to  call 
a  convention  to  revise  or  amend  this  constitution,  they  shall 
recommend  to  the  electors  to  vote  at  the  next  general  election 
for  or  against  a  convention,  and  if  a  majority  of  all  the  elect- 
ors voting  at  said  election  shall  have  voted  for  a  convention, 
the  legislature  shall,  at  the  next  session,  provide  by  law  for 
calling  the  same;  and  such  convention  shall  consist  of  a  num- 
ber of  members  not  less  than  that  of  the  most  numerous 
branch  of  the  legislature. 

Sec.  3.  Any  constitution  adopted  by  such  convention  shall 
have  no  validity  until  it  has  been  submitted  to  and  adopted 
by  the  people. 

article   XXIV. —  BOUNDARIES. 

Section  1.  The  boundaries  of  the  State  of  Washington 
shall  be  as  follows:  Beginning  at  a  point  in  the  Pacific  ocean 
one  marine  league  due  west  of  and  opposite  the  middle  of  the 
mouth  of  the  north  ship  channel  of  the  Columbia  river,  thence 
running  easterly  to  and  up  the  middle  channel  of  said  river 
and  where  it  is  divided  by  islands  up  the  middle  of  the  widest 


STATE  CONSTITUTION.  145 

channel  thereof  to  where  the  forty-sixth  parallel  of  north  lat- 
itude crosses  said  river,  near  the  mouth  of  the  Walla  Walla 
river;  thence  east  on  said  forty-sixth  parallel  of  latitude  to 
the  middle  of  the  main  channel  of  the  Shoshone  or  Snake 
river;  thence  follow  down  the  middle  of  the  main  channel  of 
Snake  river  to  a  point  opposite  the  mouth  of  the  Kooskooskia 
or  Clear  Water  river;  thence  due  north  to  the  forty-ninth 
parallel  of  north  latitude;  thence  west  along  said  forty-ninth 
parallel  of  north  latitude  to  the  middle  of  the  channel  which 
separates  Vancouver's  Island  from  the  continent,  that  is  to 
say  to  a  point  in  longitude  123  degrees,  19  minutes  and  15 
seconds  west;  thence  following  the  boundary  line  between  the 
United  States  and  British  possessions  through  the  channel 
which  separates  Vancouver's  Island  from  the  continent  to  the 
termination  of  the  boundary  line  between  the  United  States 
and  British  possessions  at  a  point  in  the  Pacific  ocean  equi- 
distant between  Bonnilla  point  on  Vancouver's  Island  and 
Tatoosh  Island  lighthouse;  thence  running  in  a  southerly 
course  and  parallel  with  the  coast  line,  keeping  one  marine 
league  off  shore,  to  place  of  beginning. 

AETICLE    XXV. JURISDICTION. 

Section  1.  The  consent  of   the  State  of  Washington  is  united  states 

.       T   to  have  juris- 

hereby  given  to  the  exercise,  by  the  congress  of  the  United  diction  over 

•^  .  .  ,,  ,  certain  tracts 

States,  of  exclusive  legislation  in  all  cases  whatsoever  over  and  parcels 
such  tracts  or  parcels  of  land  as  are  now  held  or  reserved  by 
the  government  of  the  United  States  for  the  purpose  of  erect- 
ing or  maintaining  thereon  forts,  magazines,  arsenals,  dock- 
yards, lighthouses  and  other  needful  buildings,  in  accordance 
with  the  provisions  of  the  seventeenth  paragraph  of  the  eighth 
section  of  the  first  article  of  the  constitution  of  the  United 
States,  so  long  as  the  same  shall  be  so  held  and  reserved  by  the 
United  States :  Provided,  That  a  sufficient  description  by  metes 
and  bounds,  and  an  accurate  plat  or  map  of  each  such  tract  or 
parcel  of  land  be  filed  in  the  proper  office  of  record  in  the 
county  in  which  the  same  is  situated,  together  with  copies  of 
the  orders,  deeds,  patents  or  other  evidences  in  writing  of  the 
title  of  the  United  States:  And  provided,  That  all  civil  pro-  Exception, 
cess  issued  from  the  courts  of  this  state,  and  such  criminal 
process  as  may  issue  under  the  authority  of  this  state,  against 
any  person  charged  with  crime  in  cases  arising  outside  of  such 
reservations,  may  be  served  and  executed  thereon  in  the  same 
—10 


146 


STATE  CONSTITUTION. 


mode  and  manner,  and  by  the  same  officers,  as  if  the  consent 
herein  ojiven  had  not  been  made. 


ARTICLE    XXVI. 


COMPACT    M'lTII    THE    UNITED    STATES. 


Religious 
toleration 
guaranteed. 


Rights  to  un- 
appropriated 
public  lands 
disclaimed. 


Debts  of  terri- 
tory assumed. 


System  of  pub- 
lic scliools 
guaranteed. 


The  following  ordinance  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  this  state: 

First:  That  perfect  toleration  of  religious  sentiment  shall 
be  secured,  and  that  no  inhabitant  of  this  state  shall  ever  be 
molested  in  person  or  property  on  account  of  his  or  her  mode 
of  religious  worship. 

Second:  That  the  people  inhabiting  this  state  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  to  the 
unappropriated  public  lands  lying  within  the  boundaries  of 
this  state,  and  to  all  lands  lying  within  said  limits  owned  or 
held  by  any  Indian  or  Indian  tribes;  and  that,  until  the  title 
thereto  shall  have  been  extinguished  by  the  United  States, 
the  same  shall  be  and  remain  subject  to  the  disposition  of  the 
United  States,  and  said  Indian  lands  shall  remain  under  the 
absolute  jurisdiction  and  control  of  the  congress  of  the  United 
States,  and  that  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  the  limits  of  this  state  shall  never  be 
taxed  at  a  higher  rate  than  the  lands  belonging  to  residents 
thereof,  and  that  no  taxes  shall  be  imposed  by  the  state  on 
lands  or  property  therein  belonging  to  or  which  may  be  here- 
after purchased  by  the  United  States  or  reserved  for  use: 
Provided,  That  nothing  in  this  ordinance  shall  preclude  the 
state  from  taxing,  as  other  lands  are  taxed,  any  lands  owned 
or  held  by  any  Indian  who  has  severed  his  tribal  relations, 
and  has  obtained  from  the  United  States  or  from  any  person  a 
title  thereto  by  patent  or  other  grant,  save  and  except  such 
lands  as  have  been  or  may  be  granted  to  any  Indian  or  Indians 
under  any  act  of  congress  containing  a  provision  exempting 
the  lands  thus  granted  from  taxation,  which  exemption  shall 
continue  so  long  and  to  such  an  extent  as  such  act  of  congress 
may  prescribe. 

Third:  The  debts  and  liabilities  of  the  Territory  of  Wash- 
ington, and  payment  of  the  same,  are  hereby  assumed  by  this 
state. 

Fourth:  Provision  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools  free  from  sectarian 
control,  which  shall  be  open  to  all  the  children  of  said  state. 


STATE  CONSTITUTION.  147 

ARTICLE    XXVII. SCHEDULE. 

In  order  that  no  inconvenience  may  arise  by  reason  of  a 
change  from  a  territorial  to  a  state  government,  it  is  hereby 
declared  and  ordained  as  follows: 

Section  1.  No  existing  rights,  actions;  suits,  proceedings, 
contracts  or  claims  shall  be  affected  by  a  change  in  the  form 
of  government,  but  all  shall  continue  as  if  no  change  had 
taken  place;  and  all  process  which  may  have  been  issued  under 
the  authority  of  the  Territory  of  Washington  previous  to  its 
admission  into  the  Union  shall  be  as  valid  as  if  issued  in  the 
name  of  the  state. 

Sec.  2.   All  laws  now  in  force  in  the  Territory  of  Washing-  LawsofTem- 

.         .  ,     ,,  r     tory  of  Wash- 

ton,  which  are  not  repugnant  to  this  constitution,  shall  remain  ington  valid. 

in  force  until  they  expire  by  their  own  limitation,  or  are  altered 
of  repealed  by  the  legislature:  Provided,  That  this  section 
shall  not  be  so  construed  as  to  validate  any  act  of  the  legis- 
lature of  Washington  Territory  granting  shore  or  tide  lands 
to  any  person,  company  or  any  municipal  or  private  corpora- 
tion. 

Sec.  3.    All   debts,  fines,  penalties   and  forfeitures,  which  Debts,  fines, 

etc.,  inure 

have  accrued,  or  may  hereafter  accrue,  to  the  Territory  of  to  state. 
Washington,  shall  inure  to  State  of  Washington. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  Recognizances 

"  ,  taken  under 

taken  before  the  change  from  a  territorial  to  a  state  govern-  territorial  gov- 

^  *^  ernment  valid 

ment,  shall  remain  valid,  and  shall  pass  to  and  may  be  prose-  understate 

'  '  ">  '■  government. 

cuted  in  the  name  of  the  state,  and  all  bonds  executed  to  the 
Territory  of  Washington  or  to  any  county  or  municipal  cor- 
poration, or  to  any  officer  or  court  in  his  or  its  official  capacity, 
shall  pass  to  the  state  authorities  and  their  successors  in  office, 
for  the  uses  therein  expressed,  and  may  be  sued  for  and  re- 
covered accordingly,  and  all  the  estate,  real,  personal  and 
mixed,  and  all  judgments,  decrees,  bonds,  specialties,  choses 
in  action,  and  claims  or  debts,  of  whatever  description,  be- 
longing to  the  Territory  of  Washington,  shall  inure  to  and 
vest  in  the  State  of  Washington,  and  may  be  sued  for  and  re- 
covered in  the  same  manner,  and  to  the  same  extent,  by  the 
State  of  Washington,  as  the  same  could  have  been  by  the 
Territory  of  Washington. 

Sec.  5.   All  criminal  prosecutions  and  penal  actions  which  Penal  actions, 
may  have  arisen,  or  which  may  arise,  before  the  change  from 
a  territorial  to  a  state  government,  and  which  shall  then  be 
pending,  shall  be  prosecuted  to  judgment  and  execution  in  the 
name  of  the  stale.      All  offenses  committed  against  the  laws 


148 


STATE  CONSTITUTION. 


First  election 
of  officers. 


Courts,  trans- 
fer of  cases. 


of  the  Territory  of  Washington,  before  the  change  from  a 
territorial  to  state  government,  and  which  shall  not  be  prose- 
cuted before  such  change,  may  be  prosecuted  in  the  name  and 
by  the  authority  of  the  State  of  Washington,  with  like  effect 
as  though  such  change  had  not  taken  place;  and  all  penalties 
incurred  shall  remain  the  same  as  if  this  constitution  had  not 
been  adopted.  All  actions  at  law  and  suits  in  equity  which 
may  be  pending  in  any  of  the  courts  of  the  Territory  of  Wash- 
ington, at  the  time  of  the  change  from  a  territorial  to  a  state 
government,  shall  be  continued  and  transferred  to  the  court 
of  the  state  having  jurisdiction  of  the  subject  matter  thereof. 
Public  officers.  Sec.  6.  All  officers  uow  holding  their  office  Under  the  author- 
ity of  the  United  States,  or  of  the  Territory  of  W^ashington, 
shall  continue  to  hold  and  exercise  their  respective  offices  until 
they  shall  be  superseded  by  the  authority  of  the  state. 

Sec.  7.  All  officers  provided  for  in  this  constitution,  includ- 
ing a  county  clerk  for  each  county,  when  no  other  time  is  tixed 
for  their  election,  shall  be  elected  at  the  election  to  be  held  for 
the  adoption  of  this  constitution  on  the  first  Tuesday  of  Oc- 
tober,  1889. 

Sec.  8.  Whenever  the  judge  of  the  superior  court  of  any 
county,  elected  or  appointed  under  the  provisions  of  this  con- 
stitution, shall  have  qualified,  the  several  causes  then  pending 
in  the  district  court  of  the  territory,  except  such  causes  as 
would  have  been  within  the  exclusive  jurisdiction  of  the 
United  States  district  court,  had  such  court  existed  at  the 
time  of  the  commencement  of  such  causes  within  such  county, 
and  the  records,  papers  and  proceedings  of  said  district  court, 
and  the  seal  and  other  property  pertaining  thereto,  shall  pass 
into  the  jurisdiction  and  possession  of  the  superior  court  of 
such  county.  And  where  the  judge  is  elected  for  two  or  more 
counties,  it  shall  be  the  duty  of  the  clerk  of  the  district  court 
having  custody  of  such  papers  and  records  to  transmit  to  the 
clerk  of  such  county  or  counties,  other  than  that  in  which 
such  records  are  kept,  the  original  papers  in  all  cases  pending 
in  such  district  and  belonging  to  the  jurisdiction  of  such 
county  or  counties,  together  with  transcript  of  so  much  of  the 
records  of  said  district  court  as  relate  to  the  same;  and  until 
the  district  courts  of  the  territory  shall  be  superseded  in  man- 
ner aforesaid,  the  said  district  courts  and  the  judges  thereof 
shall  continue  with  the  same  jurisdiction  and  powers,  to  be 
exercised  in  the  same  judicial  districts,  respectively,  as  hereto 
fore  constituted  under  the  laws  of  the  territory.     Whenever  a 


STATE  CONSTITUTION.  149 

quorum  of  the  judges  of  the  supreme  court  of  the  state  shall 
have  been  elected  aud  qualified,  the  causes  then  pending  in 
the  supreme  court  of  the  territory,  except  such  causes  as  would 
have  been  within  the  exclusive  jurisdiction  of  the  United 
States  circuit  court,  had  such  court  existed  at  the  time  of  the 
commencement  of  such  causes,  and  the  papers,  records  and 
proceedings  of  said  court,  and  the  seal  and  other  property 
pertaining  thereto,  shall  pass  into  the  jurisdiction  and  posses- 
sion of  the  supreme  court  of  the  state,  and  until  so  superseded, 
the  supreme  court  of  the  territory  and  the  judges  thereof  shall 
continue  with  like  powers  aud  jurisdiction  as  if  this  constitu- 
tion had  not  been  adopted. 

Sec.  9.  Until  otherwise  provided  by  law,  the  seal  now  in  Court  seals. 
use  in  the  supreme  court  of  the  territory  shall  be  the  seal  of 
the  supreme  court  of  the  state.  The  seal  of  the  superior 
courts  of  the  several  counties  of  the  state  shall  be,  until  other- 
wise provided  by  law,  the  vignette  of  General  George  Wash- 
ington, with  the  words:  "Seal  of  the  superior  court  of 

county,"  surrounding  the  vignette.  The  seal  of  municipal 
ities,  and  of  all  county  officers  of  the  territory,  shall  be  the 
seals  of  such  municipalities  and  county  officers,  respectively, 
under  the  state,  until  otherwise  provided  by  law. 

Sec.  10.   When  the  state  is  admitted  into   the  Union,   and  Probate  court 

'  cases  to  be 

the  superior  courts  in  their  respective  counties  orscanized,  the  transferred  to 

'^  ^  to  '  superior  court. 

books,  records,  papers  and  proceedings  of  the  probate  court 
in  each  county,  aud  all  causes  and  matters  of  administration 
pending  therein,  shall,  upon  the  expiration  of  the  term  of  of- 
fice of  the  probate  judges,  on  the  second  Monday  in  January, 
1891,  pass  into  the  jurisdiction  and  possession  of  the  superior 
court  of  the  same  county  created  by  this  constitution,  and  the 
said  court  shall  proceed  to  final  judgment  or  decree,  order  or 
other  determination,  in  the  several  matters  and  causes  as  the 
territorial  probate  court  might  have  done  if  this  constitution 
had  not  been  adopted.  And  until  the  expiration  of  the  term 
of  office  of  the  probate  judges,  such  probate  judges  shall  per- 
form the  duties  now  imposed  upon  them  by  the  laws  of  the  ter- 
ritory. The  superior  courts  shall  have  appellate  and  revisory 
jurisdiction  over  the  decisions  of  the  probate  courts,  as  now 
provided  by  law,  until  such  latter  courts  expire  by  limitation. 
Sec.  11,  The  legislature,  at  its  first  session,  shall  provide 
for  the  election  of  all  officers  whose  election  is  not  provided 
for  elsewhere  in  this  constitution,  and  fix  the  time  for  com- 
mencement and  duration  of  their  term. 


150 


STATE  CONSTITUTION. 


Contests  at 
first  election. 


Representative 
in  congress. 


District, 
county  and 
precinct  offi- 
cers to  hold  of- 
fice until  1891. 


Election  to 
adopt  consti- 
tution, liow 
conducted. 


State  constitu- 
tion in  effect, 
when. 


Sec.  1 2.  In  case  of  a  contest  of  election  between  candidates, 
at  the  first  general  election  under  this  constitution,  forjudges 
of  the  superior  courts,  the  evidence  shall  betaken  in  the  man- 
ner prescribed  by  the  territorial  laws,  and  the  testimony  so 
taken  shall  be  certified  to  the  secretary  of  state;  and  said  of- 
ficer, together  with  the  governor  and  treasurer  of  state,  shall 
review  the  evidence  and  determine  who  is  entitled  to  the  cer- 
tificate of  election. 

Sec.  13.  One  representative  in  the  congress  of  the  United 
States  shall  be  elected  from  the  state  at  large,  at  the  first  elec- 
tion provided  for  in  this  constitution;  and  thereafter  at  such 
times  and  places  and  in  such  manner  as  may  be  prescribed  by 
law.  When  a  new  apportionment  shall  be  made  by  congress, 
the  legislature  shall  divide  the  state  into  congressional  dis- 
tricts, in  accordance  with  such  apportionment.  The  vote  cast 
for  representative  in  congress,  at  the  first  election,  shall  be 
canvassed  and  the  result  determined  in  the  manner  provided 
for  by  the  laws  of  the  territory  for  the  canvass  of  the  vote 
for  delegate  in  congress. 

Sec.  14.  All  district,  county  and  precinct  officers,  who 
may  be  in  office  at  the  time  of  the  adoption  of  this  constitu- 
tion, and  the  county  clerk  of  each  county  elected  at  the  first 
election,  shall  hold  their  respective  offices  until  the  second 
Monday  of  January,  A.  D,  1891,  and  until  such  time  as  their 
successors  may  be  elected  and  qualified,  in  accordance  with 
the  provisions  of  this  constitution;  and  the  official  bonds  of 
all  such  officers  shall  continue  in  full  force  and  effect  as  though 
this  constitution  had  not  been  adopted.  And  such  officers  shall 
continue  to  receive  the  compensation  now  provided  until  the 
same  be  changed  by  law. 

Sec.  15.  The  election  held  at  the  time  of  the  adoption  of 
this  constitution  shall  be  held  and  conducted  in  all  respects 
according  to  the  laws  of  the  territory,  and  the  votes  cast  at 
said  election  for  all  officers  (where  no  other  provisions  are 
made  in  this  constitution ),  and  for  the  adoption  of  this  con- 
stitution and  the  several  separate  articles,  and  the  location  of 
the  state  capital,  shall  be  canvassed  and  returned  in  the  several 
counties  in  the  manner  provided  by  territorial  law,  and  shall 
be  returned  to  the  secretary  of  the  territory  in  the  manner 
provided  by  the  enabling  act. 

Sec.  16.  The  provisions  of  this  constitution  shall  be  in  force 
from  the  day  on  which  the  president  of  the  United  States  shall 
issue  bis  proclamation  declaring  the  State  of  Washington  ad- 


STATE  CONSTITUTION.  151 

mitted  into  the  Union,  and  the  terms  of  all  officers  elected  at 
the  first  election  under  the  provisions  of  this  constitution 
shall  commence  on  the  Monday  next  succeeding  the  issue  of 
said  proclamation,  unless  otherwise  provided  herein. 

Sec.  11.  The  following  separate  articles  shall  be  submitted  ffgP'^Jubmltted. 
to  the  people  for  adoption  or  rejection  at  the  election  for  the 
adoption  of  this  constitution:  Separate  article  No.  1.  "All  Jj'^^^^g 
persons,  male  and  female,  of  the  age  of  21  years,  or  over,  pos- 
sessing the  qualifications,  provided  by  this  constitution,  shall 
be  entitled  to  vote  at  all  elections."  Separate  article  No.  2. 
"It  shall  not  be  lawful  for  any  individual,  company  or  cor.  Prohibition 
poration,  within  the  limits  of  this  state,  to  manufacture,  or 
cause  to  be  manufactured,  or  to  sell,  or  offer  for  sale,  or  in 
any  mannerdisposeof,  any  alcoholic,  maltor  spirituous  liquors, 
except  for  medicinal,  sacramental  or  scientific  purposes."  If 
a  majority  of  the  ballots  cast  at  said  election  on  said  separate 
articles  be  in  favor  of  the  adoption  of  either  of  said  separate 
articles,  then  such  separate  articles  so  receiving  a  majority 
shall  become  a  part  of  this  constitution  and  shall  govern  and 
control  any  provision  of  the  constitution  in  conflict  there- 
with. 

Sec.  18.  The  form  of  ballot  to  be  used  in  voting  for  or  Form  of  baiiot. 
against  this  constitution,  or  for  or  against  the  separate  arti- 
cles, or  for  the  permanent  location  of  the  seat  of  government, 
shall  be: 

1.  For  the  Constitution. 
Against  the  Constitution. 

2.  For  Woman  Suffrage  Article. 
Against  Woman  Suffrage  Article. 

3.  For  Prohibition  Article. 
Against  Prohibition  Article. 

4.  For  the  permanent  location  of  the  seat  of  Government. 
[Name  of  place  voted  for.] 

Skc.  19.   The  legislature  is  hereby  authorized  to  appropriate  Appropriation 

»  •'  111  autlionzed  to 

from  the  state  treasury  sufficient  money  to  pay  any  of  the  ex-  pay  deficiency. 

penses  of  this  convention  not  provided  for  by  the  enabling  act 

of  congress. 

certificate. 

We,  the  undersigned,  members  of  the  convention  to  form  a 
constitution  for  the  State  of  Washington,  which  is  to  be  sub- 
mitted to  the  people  for  their  adoption  or  rejection,  do  hereby 
declare  this  to  be  the  constitution  formed  by  us,  and  in  testi- 
mony thereof,  do  hereunto  set  our  hands,  this  twenty-second 


152 


STATE  CONSTITUTION. 


day  of 'August,  anno  domini,  one  thousand  eight  hundred  and 
eighty-nine. 


JOHN  p.  HOYT,  President. 
J.  J.  BROWNE, 
N.  G.  BLALOCK, 
JOHN  F.  GOWEY, 
FRANK  M.  DALLAM, 
JAMES  Z.  MOORE, 
E.  H.  SULLIVAN, 
GEORGE  TURNER, 
AUSTIN  MIRES, 
M.  M.  GODMAN, 
GWIN  HICKS, 
WM.  F.  PROSSER, 
LOUIS  SOHNS, 

A.  A.  LINDSLEY, 

J.  J.  WEISENBURGER, 
P.  C.  SULLIVAN, 
R.  S.  MORE, 
THOMAS  T.  MINOR, 
J.  J.  TRAVIS, 
ARNOLD  J.  WEST, 
CHARLES  T.  FAY, 
CHARLES  P.  COEY, 
ROB'T  F.  STURDEVANT, 
JOHN  A.  SHOUDY, 
ALLEN  WEIR, 
W.  B.  GRAY, 
TRUSTEN  P.  DYER, 
GEO.  H.  JONES. 

B.  L.  SHARPSTEIN, 
H.  M.  LILLIS, 

J.  F.  VAN  NAME, 
ALBERT  SCHOOLEY, 
H.  C.  WILLISON, 
T.  M.  REED, 
S.  H.  MANLY, 
RICHARD  JEFFS, 


FRANCIS  HENRY, 
GEORGE  COMEGYS, 
OLIVER  H.  JOY, 
DAVID  E.  DURIE, 
D.  BUCHANAN, 
JOHN  R.  KINNEAR, 
GEORGE  W.  TIBBETTS, 
H.  W.  FAIRWEATHER, 
THOMAS  C.  GRIFFITTS, 

C.  H.  WARNER, 

J.  P  T.  McCROSKEY, 
S.  G.  COSGROVE, 
THOS.  HAYTON, 
SAM'L  H.  BERRY. 

D.  J.  CROWLEY, 
J.  T.  MCDONALD, 
JOHN  M.  REED, 
EDWARD  ELDRIDGE, 
GEO.  H.  STEVENSON, 
SILVIUS  A.  DICKEY, 
HENRY  WINSOR, 
THEODORE  L.  STILES, 
JAMES  A.  BURK, 
JOHN  McREAVY, 

R.  O.  DUNBAR, 
MORGAN  MORGANS, 
JAS.  POWER, 
B.  B.  GLASCOCK, 
O.  A.  SOWEN, 
HARRISON  CLOTHIER, 

MATT.  J.  Mcelroy, 

J.  T.  ESHELMAN, 
ROBERT  JAMIESON, 
HIRAM  E.  ALLEN, 
H.  F.  SUKSDORF, 
J.  C.  KELLOGG. 


JNO.  I.  BOOGE,  Chief  CUrk. 


163 


RULES  AND  REGULATIONS,  BY  THE  STATE  BOARD  OF 

EDUCATION. 


Authorized  by  the  Code  of  Public  Instruction,  section  27:  "The  said  board 
shall  have  power — Second,  to  prepare  a  course  or  courses  of  study  for  the 
primary,  grammar  and  high  school  departments  of  the  common  schools,  and 
to  prescribe  such  rules  for  the  general  government  of  the  common  schools  as 
shall  secure  regularity  of  attendance,  prevent  truancy,  secure  efficiency  and 
promote  the  true  interests  of  the  common  schools." 

TEACHERS. 

RULE   I. 

The  teachers  in  the  public  schools  of  this  state  shall  follow  the  prescribed 
course  of  study  and  enforce  the  rules  and  regulations  of  the  board  of  education; 
shall  keep  records,  use  blanks  and  render  reports  according  to  instructions. 

RULE   II. 

Teachers  shall  be  held  responsible  for  the  care  of  all  school  property  en- 
trusted to  them;  shall  frequently  inspect  the  same  and  promptly  report  to  the 
district  clerk  any  damage  it  may  have  received. 

RULE   III. 

Teachers  shall  prepare  a  program  of  daily  exercises,  a  copy  of  which  shall 
be  posted  in  a  conspicuous  place  in  the  school  room. 

RULE   IV. 

Teachers  shall  exercise  watchful  care  over  the  conduct  ami  habits  of  the 
pupils  while  under  their  jurisdiction. 

RULE   V. 

Teachers  shall  maintain  strict  order  and  discipline  in  their  schools  at  all 
times.  Any  neglect  of  this  requirement  will  be  considei'ed  good  cause  for  dis- 
missal. Corporal  punishment  may  be  resorted  to  when  it  becomes  necessary 
to  the  preservation  of  proper  discipline.  No  cruel  punishment  shall  be  inflicted; 
and  no  teacher  shall  administer  punishment  on  or  about  the  head  of  any  pupil. 

RULE   VI. 

In  any  case  of  misconduct  or  insubordination,  when  the  teacher  deems  it 
necessary  for  the  good  of  the  school,  he  may  suspend  a  pupil,  and  shall  imme- 
diately notify  the  directors  of  the  district  thereof  for  further  action. 

RULE  VII. 

Every  public  school  teacher  shall  give  vigilant  attention  to  the  temperature 
and  ventilation  of  the  schoolroom,  and  shall  see  that  the  doors  and  windows 
are  open  at  each  intermission,  for  the  purpose  of  changing  the  atmosphere  of 
the  room. 

RULE   VIII. 

Teachers  shall  have  the  right,  and  it  shall  be  their  duty,  to  direct  and  control 
within  reasonable  limits  the  studies  of  their  pupils:  Provided,  That  all  pupils 
shall  receive  instruction  in  the  branches  included  in  the  prescribed  course  of 
study. 


154  RULES  AND  REGULATIONS. 

RULE   IX. 

The  use  of  tobacco  in  any  form  or  place  by  a  teacher  is  discountenanced,  and 
the  use  of  alcoholic  stimulants  in  any  form  or  place,  as  a  beverage,  is  prohib- 
ited. The  use  of  tobacco  or  any  other  narcotic  on  the  school  premises  by  a 
teacher  shall  work  a  forfeiture  of  his  certificate. 

RULE  X. 

At  the  close  of  every  term  of  school  the  teacher  shall  thoroughly  examine 
his  pupils  in  the  studies  of  the  term,  using  written  questions  and  requiring 
written  answers  whenever  practicable,  and  the  standing  of  each  pupil  in  the 
examination  shall  be  noted  accurately  upon  the  school  register.  A  report  of 
the  examination  and  standing  of  the  pupils  shall  be  forwarded  to  the  county 
superintendent. 

RULE   XI. 

Teachers  shall  require  excuses  from  the  parents  or  guardians  of  pupils, 
either  in  person  or  by  written  note,  in  all  cases  of  absence,  tardiness  or  dis- 
missal before  the  close  of  school,  and  no  excuse  shall  be  deemed  valid  except 
that  of  sickness  or  necessary  employment.  The  teacher  shall  be  the  judge  of 
the  suiBciency  of  excuses,  subject  to  an  appeal  to  the  directors. 

RULE   XII. 

Whenever  the  unexcused  absences  of  any  pupil  during  any  term  shall  amount 
in  the  aggregate  to  five  days,  he  shall  be  reported  to  the  directors,  and  the 
teacher  shall  suspend  him  until  the  opinion  of  the  directors  shall  be  given. 
For  this  purpose  an  unexcused  tardiness  or  unexcused  absence  for  half  a  day 
or  less  shall  be  deemed  a  half  day's  absence;  and  any  unexcused  absence  for 
more  than  half  a  day  at  one  time  shall  be  reckoned  as  an  absence  for  a  whole 
day. 

RULE   XIII. 

D  In  all  public  schools  in  this  state  the  teachers  shall  require  of  their  pupils 
regular  exercises  in  composition  and  declamation.  In  the  preparation  of  pro- 
grams for  rhetoricals,  teachers  shall  use  every  effort  to  secure  selections  of  a 
high  literary  character  and  to  make  the  work  truly  educational. 

PUPILS. 

J^l  RULE   XIV. 

n  Every  pupil  shall  be  punctual  and  regular  in  attendance,  obedient  to  all  rules 
of  the  school,  diligent  in  study,  respectful  and  obedient  to  teachers  and  kind  and 
obliging  to  schoolmates. 

RULE   XV. 

Willful  disobedience,  habitual  truancy,  vulgarity  or  profanity,  the  use  of  to- 
bacco on  or  about  the  school  premises,  stealing,  the  carrying  of  deadly  weapons, 
the  carrying  or  using  of  dangerous  playthings,  shall  constitute  good  cause  for 
suspension  or  expulsion  from  school. 

RULE   XVI. 

As  soon  as  dismissed,  pupils  shall  leave  the  school  premises  and  go  dii'ectly 
to  their  homes.     Loitering  on  the  way  to  and  from  school  is  positively  forbidden. 

RULE   XVII. 

Pupils  shall  give  attention  to  personal  neatness  and  cleanliness,  and  any  who 
repeatedly  fails  in  this  respect  may  be  sent  home  to  be  prepared  properly  for 
school. 


155 


OFFICIAL  OPINIONS  AND  RULINGS  ON  QUESTIONS 
OF  SCHOOL  LAW,  IN  FORCE  UNDER  THE  CODE 
OF  PUBLIC  INSTRUCTION. 


BY  ATTORNEY  GENERAL. 

1.  Any  person  who  is  actually  the  head  of  a  family,  that  is,  who  Sees.  4  and  5 

.....  •  1       ^  1  ,    '       1       1  .^  •         of  Code. 

IS  under  legal  obligation  to  pi'ovide  foi-  the  support  and  education 
of  persons  dependent  upon  him,  and  who  is  in  fact  providing  for 
their  education  and  support,  is  the  head  of  afamily  for  the  purpose 
of  signing  petitions  relating  to  school  matters,  whether  he  is  a  legal 
voter  or  not.  Any  person  who  is  not  the  head  of  a  family  within 
the  definition  given  above  is  not  qualified  to  sign  such  petition, 
though  he  be  a  legal  voter. 

2.  When  a  petition  is  presented  to  a  county  superintendent  pray-  Sees.  4  and  5. 
ing  for  the  organization  of  a  new  school  district,  he  may,  after  he 

has  heard  all  the  evidence  presented  by  the  parties  interested, 
exercise  his  judgment,  within  reasonable  limits,  in  the  organization 
of  such  new  district  and  the  fixing  of  its  boundaries,  and  in  so 
doing,  he  may  correct  any  mistakes  that  may  have  been  made  in 
the  description  given  in  the  petition,  and  in  a  proper  case  modify 
the  boundaries  described  therein. 

3.  A  person  can  not  legally  hold  the  office  of  school  district  Sec.  3.3 
director  and  that  of  school  district  clerk  at  one  and  the  same  time. 

4.  Children  of  school  age,  residing  upon  military  reservations  Sec.  49. 
lying  within  any  school  district,  constitute  a  legitimate  jjorlion  of 

the  school  population  of  the  district,  and  should  be  enumerated  as 
other  children  are. 

5.  If  a  teacher  is  a  near  relative  of  a  member  of  the  school  See.  51. 
district  board,   he   is  not,  by  reason  of   sucii  relationsliip  alone, 
rendered  ineligible  to  election  as  a  teacher  in  a  school  under  the 
management  of  such  board  of  directoi's. 

6.  When  cities,  in  extending  their  limits,  take  in  other  districts  .Sec.  72. 
or  parts  of  districts,  and  in  so  doing  take  in  a  part  or  all  of  the 
school  district  officers  of  such  included  school  districts,  the  officers 

so  taken  into  the  city  district  do  not  become  a  part  of  the  board 
of  directors  of  the  city  districts  so  extending  their  limits. 

7.  The  stated  reading  of  the  Bil)le  in  the  public  schools  of  this  Sec.  no. 
state  is  a  religious  exercise  within  the  meaning  of  the  constitution, 

and  as  such  is  thereljy  prohibited  in  section  11,  article  1  of  that 
document. 


156 


OPINIONS  AND  RULINGS. 


See  sec8.  2,  4,  5. 
6, 12, 14,  30-38. 


Sec.  33. 
Twelfth. 


Sec.  33. 
Seco7id. 


Sec.  33. 
Twelfth. 


See.  33. 
Twelfth. 


Sec.  40. 
First. 


DECISIONS  BY  STATE  SUPERINTENDENT. 

1.  The  powers  and  duties  of  a  county  superintendent  of  common 
schools,  under  the  law,  are  mainly  executive  and  supervisory.  He 
has,  in  addition,  limited  judiciary  power  in  cases  of  hearing  peti- 
tions and  appeals;  but  in  the  exercise  of  this  power  he  should  not 
laj'  aside  his  executive  and  supervisory  functions  and  assume  the 
attitude  of  a  judge  in  a  case  at  law,  leaving  to  the  parties  inter- 
ested the  entire  burden  of  conducting  the  investigation.  He  should, 
on  the  contrary,  exercise  his  other  official  powers  to  the  extent 
necessary  to  enable  him  to  investigate  thoroughly  the  matter  be- 
fore him,  elicit  all  necessary  testimony,  and  thus  have  at  hand  the 
data  upon  which  he  will  be  able  to  render  the  just  and  equitable 
decision  required  of  him  by  the  law. 

3.  When  the  officers  of  a  new  school  district  have  been  ap- 
pointed, and  have  qualified  according  to  law,  the  new  district  is 
fully  organized  and  possesses  all  the  powers  of  any  other  school 
district,  though  by  a  failure  to  have  the  required  amount  of  school 
within  one  year  it  may  forfeit  its  organization  and  cease  to  exist 
as  a  corporation. 

3.  The  terms  of  office  of  all  the  first  officers  of  a  new  school  dis- 
trict expire  at  the  time  of  the  first  annual  election  succeeding  its 
organization,  whether  those  officers  were  appointed  by  ffhe  county 
superintendent  or  hold  their  positions  by  virtue  of  a  previous  elec- 
tion in  the  old  district  or  districts  from  which  the  new  district  was 
taken.     They  are  only  temporary  officers  in  either  case. 

4.  For  the  purpose  of  visitation  by  the  county  superintendent, 
the  term  "school"  is  construed  to  mean  a  department  or  room  —  a 
distinct  collection  of  pupils  under  the  supervision  or  instruction 
of  a  teacher,  though  that  department,  room  or  collection,  may  be 
but  a  part  of  the  system  or  systems  of  schools  of  a  city  or  town. 
Any  other  interpretation  of  the  term  would  defeat  the  primary 
object  of  the  law. 

5.  Appointments  of  officers  made  by  a  county  superintendent 
do  not  extend  beyond  the  time  of  the  next  annual  election. 

6.  In  case  a  school  district  shall  fail  to  elect  officers  at  the  time 
and  in  the  manner  prescribed  by  law,  the  officers  whose  terms  of 
office  expire  at  the  time  such  election  should  take  place,  do  not 
hold  over  or  continue  in  office  until  the  next  election,  but  the 
offices  which  they  hold  become  vacant,  and  can  only  be  filled  by 
appointment,  as  special  elections  cannot  be  held  for  the  election 
of  such  officers.  But  should  no  appointment  be  made,  it  is  the 
duty  of  the  officer  whose  time  has  expired  to  continue  to  discharge 
the  duties  of  his  office  until  his  successor  is  elected  or  appointed 
and  qualified,  as  the  law  directs.  He  is  an  officer  de  facto,  and  his 
acts  are  just  as  legal  as  they  were  prior  to  the  expiration  of  the 
time  for  which  he  was  elected  or  appointed.  His  legal  claim  to 
the  office  has  simply  ceased. 

7.  A  board  of  directors  cannot  dismiss  a  teacher  simply  because 
the  teacher  is  unpopulai',  or  does  not   give  general    satisfaction. 


OPINIONS  AND  RULINGS.  157 

They  must  first  establish  the  fact  that  he  is  incompetent,  or  that 
he  has  violated  the  law  or  the  terms  of  his  contract.  Neither  can 
boards  of  directors  make  contracts  that  are  not  in  accordance  with 
law. 

8.  The  spirit  of  the  code  is,  that  school  houses  shall  be  used  for  Sec.  40. 
public  school  piirposes,  and  all  incidental  uses  must  be  under  such     ^'*'''«""*- 
restrictions  as  to  result  in  no  injury  to  the  school  or  to  the  school 
property. 

9.  Boards  of  directors  and  other  school  officers   possess   such  Seo.  40. 
powers  as  are  delegated  to  them  by  law,  and  such  other  implied 
powers  as  are  necessary  in  order  to  ti'ansact  all  business  prescribed 

by  law. 

10.  It  is  the  duty  of  boards  of  directors  to  make  all  necessary  See.  43. 
rules  and  regulations  for  the  systematic  transaction  of  their  official 
business,  and  to  transact  all  business  as  a  board,  at  board  meetings. 

11.  In  the  absence  of  any  by-law  of  the  board  prescribing  the  Sec.  43. 
manner  of  calling  them,  special  meetings  of  the  board  of  directors 

may  be  called  by  the  chairman,  or  by  a  majority  of  the  board. 

12.  A  board  of  directors  cannot  legally  employ  a  minor  child  of  ^ec.  4.5. 
one  of  the  directors  to  perform  services  for  the   district  unless 

such  child  has  been  first  emancipated  by  its  parent.  Unless  the 
child  has  been  emancipated,  the  parent  may  lawfully  claim  its 
wages,  and  thus  the  director  would  be  placed  in  the  attitude  of 
auditor  of  his  own  accounts  against  the  district. 

13.  All  persons  between  the  ages  of  five  and  twenty-one  yeai's,  ,sec.  49. 
whether  married  or  single,  residing  in  any  school  district  on  the  first  ^'"^'■''• 
day  of  June,  should  be  enumerated  by  the  school  district  clerk. 

The  simple  fact  that  a  person  is  married  does  not  debar  him  or 
her  from  the  privileges  of  the  common  school  in  this  state,  under 
existing  laws. 

14.  The  notice  to  be  given  by  the  school   district  clerk,  of  all  See.  49. 

Fifth . 

meetings  of  the  board  of  directors,  is  not  a  notice  to  the  public, 
but  simply  a  notice  to  the  members  of  the  board .  A  failure  to  give 
the  required  notice  does  not,  of  itself,  invalidate  the  meeting,  pro- 
vided all  members  of  the  board  actually  attend  the  meeting  and 
participate  in  its  transactions. 

15.  It  is  the  duty  of  the  directors  to  provide  for  and  maintain  a  See.  64. 
public  school  in  the  district,  open  to  all  children  of  school  age  re- 
siding therein,  but  they  have  no  power  to  apply  the  public  school 
money  to  the  maintenance  of  any  private  school  for  the  benefit  of 
individual  pupils  of  the  district. 

16.  A  teacher  does  not  forfeit  his  certificate  by  non-attendance  at  sec  99. 
a  teachers'  institute,  but  simply  renders  it  forfcilable  in  case  he  has 

not  a  valid  excuse  for  non-attendance.     In  other  words,  a  forfeiture  see.  148. 
does  not  and  cannot  exist  until  a  declaration  of  the  forfeiture  has 
been  made  by  the  proper  authority. 

17.  That  provision  of  the  school  law  Avhich  requires  the  school  ^ec.  112. 
district  clerk  to  certify  to  the  county  auditor  the  levy  of  special 


158  OPINIONS  AND  RULINGS. 

taxes  on  or  before  the  first  day  of  September  of  the  year  in  which 
the  levy  is  ordered  to  be  made,  is  uot  mandatory  in  regard  to  the 
time  of  making  the  certificate.  That  is  to  say,  a  failure  to  make 
the  certificate  on  or  before  the  first  day  of  September  does  not  in- 
validate the  levjr.  The  county  auditor  may  lawfully  receive  the 
certificate  and  enter  the  levy  upon  his  books  at  any  time  prior  to 
closing  them.  But  a  special  tax  leviied  one  year  cannot  be  certified 
and  entered  upon  the  auditor's  books  the  next  year.  Any  special 
levy  is  based  upon  the  assessment  of  the  year  in  which  it  is  made, 
and  it  cannot  consistently  be  based  upon  the  assessment  of  one  year 
and  collected  upon  the  assessment  of  another. 

Sec.  146.  18.  The  law  requiring  a  county  superintendent  to  grant  tempo- 

rary certificates  under  certain  conditions  is  mandatory,  provided 
that  the  conditions  contemplated  by  the  law  are  complied  with; 
and  the  certificate  in  lieu  of  which  the  temporary  certificate  is 
granted,  or  upon  which  the  application  is  based,  need  not  be  a 
certificate  which  is  in  full  force  and  effect  at  the  time  the  appli- 
cation is  made. 


159 


FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS. 


Form  No.  1. 


County  SuperinlendenV s  Annual  Report  to  State  Superintendent  of  Public 

Instruction. 
pNot  printed  with  laws.] 


Form  No.  2. 


Petition  to  County  Superintendent,  Praying  for  Formation,  of  a  I\ew  School 

District. 


To  THE  Superintendent  of  Common  Schools, 


County,  Washington  : 


We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the  purpose  herein 
set  forth,  do  hereby  petition  you  to  form  a  school  district  in  the  county  of ,  State  of  Wash- 
ington, with  the  following  boundaries,  viz.:  [Here  describe  boundaries.]  Our  reasons  for  asking 
for  the  formation  of  the  above  described  district  are  as  follows,  viz.:  [Here  give  reasons.]  Fol- 
lowing is  a  correct  list  of  the  names  of  children  of  school  age  residing  within  the  limits  of  the 
proposed  district,  viz.:     [Here  insert  the  names  of  children  of  school  age.] 


Sigtied. 

Signed. 

• 

Dated  this day  of ,  18—. 

Remarks. —  This  petition  must  be  signed  by  at  least  five  heads  of  families,  who  are  bona  fide 
residents  of  the  proposed  district. 


Form  No.  3. 

Petition  to  County  Superintendent,  Praying  for  Alteration  of  Boundaries  of 

School  District. 

To  THE  Superintendent  ok  Common  Schools, County,  Washington: 

We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the  purpose  herein 

set  forth,  do  hereby  petition  you  to  change  the  boundaries  of  School  Districts  Nos. ,  of 

county,  Washington,  as  follows,  viz.:  [Here  describe  change  desired.]  Our  reasons  for  desiring 
said  change  of  boundaries  are  as  follows,  viz.:  [Here  give  reasons.]  Following  is  a  correct  list 
of  tlie  names  of  children  of  school  age  residing  on  the  territory  which  it  is  desired  to  have  trans- 
ferred :     [  Here  give  list  of  names.] 


Signed. 


Signed. 


Dated  this  ■ 


day  of  • 


160  FORMS. 

Form  No.  4. 

Notice  of  Meeting  to  Investigate  a  Petition  for  the  Formation  of  a  School  District. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the day  of ,  189—,  at 

the  hour  of  —  o'clock  —  m.,  for  the  purpose  of  investigating  a  petition  which  was  filed  in  my 

office  on  the day  of ,  189 — ,  praying  for  the  formation  of  a  school  district,  with  the  folio w- 

ing  boundaries,  viz.: 

And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be  made  at  the  time 

and  place  above  stated,  of  all  matters  pertaining  to  the  formation  of  the  above  described  school 

district,  and  if  it  shall  be  deemed  advisable,  the  petition  will  be  granted  and  the  school  district 

formed  as  prayed  for. 

Dated  this  —  dav  of ,  189—. 

(Signed) , 

Supt.  of  Cora.  Schools, County,  Washington. 

The  above  notice  is  posted  by ,  this day  of ,  189 — . 

Remarks.— Twenty  days  notice  must  be  given.    See  Code  of  Public  Instruction,  section  4. 


Form  No.  5. 

Notice  of  Meeting  to  Investigate  a  Petitio?i  for  the  Alteration  of  School  District 

Boundaries. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the day  of ,  189—,  at 

the  hour  of—  o'clock  —  M.,  for  the  purpose  of  investigating  a  petition  which  was  filed  in  my 

office  on  the day  of ,  189 — ,  praying  for  changes  in  the  boundaries  of  School  Districts 

Xos. and in  the  county  of ,  State  of  Washington,  as  follows,  viz.: 


And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be  made  at  the  time 

and  place  above  stated  of  all  matters  pertaining  to  said  change  of  boundaries,  and  that  if  it  shall 

be  deemed  advisable,  the  petition  will  be  granted  and  the  changes  made  as  above  described. 

Dated  tliis day  of ,  189—. 

(Signed) , 

Supt.  of  Com.  Schools, County,  Washington. 

The  above  notice  is  posted  by ,  this day  of ,  189—. 

Rem.\rks.— Twenty  days  notice  must  be  given.    See  section  5,  Code  of  Public  Instruction. 


Form  No.  6. 

Cei'tificate  of  Formation  of  School  District. 

To  THE  BOAKD  OF   COMMISSIONERS  OF COUNTY,  WASHINGTON : 

I, ,  superintendent  of  common  schools  in  and  for county,  State  of  Washing- 
ton, do  hereby  certify  that  on  the day  of ,  189—,  I  did,  in  accordance  with  law,  form  a 

school  district  in  said  county,  and  designate  it  "School  District  No.  — , county.  Washing- 
ton," and  prescribe  for  it  the  following  boundaries,  viz.: 

Witness  my  hand  at  my  office  this day  of ,  189—. 


Supt.  of  Com.  Schools  of County,  Washington. 


FORMS.  161 

FoKM  No.  7. 
Certificate  of  Alteration  of  School  District  Boundaries. 

To  THE  Board  of  Commissionees  of County,  Washington  : 

I, ,  superintendent  of  common  schools  in  and  for county,  State  of  Washing- 
ton, do  hereby  certify,  that  on  the day  of ,  189 — ,  I  did,  in  accordance  with  law,  change 

the  boundaries  of  School  Districts  Nos. and of  said  county,  as  follows,  viz.: 

Witness  my  hand  at  my  office  this day  of ,  189 — . 


Supt.  of  Com.  Schools, County,  Washington. 


Form  No.  8. 
County  Superintendent's  Order,  Forming  a  School  District. 

Whereas,  In  compliance  with  a  petition  praying  for  the  formation  of  a  school  district  in 

the  county  of ,  State  of  Washington,  which  petition  was  filed  in  my  office  on  the day  of 

,  189 — ,  a  meeting  to  investigate  all  matters  pertaining  thereunto  was  held  at on  the 

day  of ,  189 — ,  of  which  meeting  due  notice  was  given  as  required  by  law,  and  it  appear- 
ing from  said  investigation  that  the  prayer  of  the  petitioners  should  be  granted  : 

Now,  therefore,  I, ,  superintendent  of  common  schools  in  and  for  said  county,  do 

hereby  form  said  school  district  and  designate  it  "  School  District  No.  — , county,  Washing- 
ton," and  prescribe  for  it  the  following  boundaries,  viz.: 


And  all  persons  affected  by  this  action  are  hereby  notified,  that  unless  an  appeal  from  this 
action  be  taken,  as  provided  by  law,  this  action  will  be  final ;  that  it  will  be  certified  to  the  county 
commissioners  at  their  next  regular  meeting,  and  that  the  officers  of  the  district  will  be  appointed 
as  provided  by  law. 

Dated  this day  of ,  189—. 

(Signed) , 

Supt.  of  Com.  Schools, County,  Washington. 

Remarks. — Three  of  the  above  notices  should  be  posted  in  the  new  district,  and  all  except 
the  notice  following  the  description  of  the  boundaries  should  be  entered  in  the  superintendent's 
record  book,  together  with  action  of  county  commissioners  in  case  of  an  appeal,  after  final  action 
is  completed. 


Form  No.  9. 

County  Superintendent's  Order,  Changing  School  District  BoundaHes. 

Whereas,  In  compliance  with  a  petition  praying  for  the  alteration  of  boundaries  of  School 

Districts  Nos. and in county.  State  of  Washington,  which  petition  was  filed  in  my 

office  on  the day  of ,  189—,  a  meeting  to  investigate  all  matters  pertaining  |thereunto 

was  held  at ,  on  the day  of ,  189 — ,  of  which  meeting  due  notice  was  given  as  re- 
quired by  law;  and  it  appearing  from  said  investigation  that  the  prayer  of  the  petitioners  should 
be  granted ; 

Now,  Iherefore,  I, ,  superintendent  of  common  schools  in  and  for  said  county,  do 

hereby  grant  said  petition  and  transfer  the  territory  hereinafter  described  from  School' District 
No. to  School  District  No. ,  as  follows,  viz.: 


-11 


162 


FORMS. 


Ami  all  persons  affected  by  this  action  are  hereby  notified,  that  unless  an  appeal  shall  be  taken 
as  provided  l)y  law,  this  action  will  be  final,  and  that  it  will  be  certitied  to  the  board  of  county 
commissioners  at  their  next  reprular  meeting. 

Dated  this day  of ,  189—. 


Supt.  of  Com.  Scliools, 


■  County,  Washington. 


Remarks. —  At  least  one  copy  of  this  notice  should  be  posted  in  each  district  affected  by  the 
change,  and  a  record  of  the  change  should  be  made  in  the  superintendent's  office. 


Form  No.  10. 

Report  of  Teachers''  Institute, —  County,  Washington. 

-,  18 — .     Conductor, 


No.  of  days  institute  was  in  session, 


Institute  convened  at on  the day  of - 

instructors, , ,  — 

rolled, ;  total  expense  of  institute  paid  by  county,  $ . 

SCHEDULE  OF  ATTENDANCE. 


,  of 

No.  of  teachers  en- 


Names. 

Postoffice  address. 

No.  days 
attendance. 

No.  of  months' 

or  years'  experience 

had  as  a  teacher. 

Dated  this day  of ,  18—.  , 

County  Superintendent. 
Remarks. — This  report  is  required  to  be  made  within  fifteen  days  after  the  close  of  the  institute. 


Form  No.  11. 

Certificate  of  County  Treasurer  to  County  Superinteiident  Showing  the  Amount 
of  Funds  on  Hand  to  be  Apportioned. 


To 


-,  Superintendent  of  Common  Schools,  • 


•  County,  Washington  : 


I  hereby  certify  that  the  amount  of  school  funds  now  in  my  possession  and  subject  to  appor- 
tionment to  the  several  school  districts  of county.  State  of  Washington,  is  $ ,  derived 

from  the  following  sources,  viz.:  Taxation,  8 ;  fines,  8 ;  licenses,  $ ;  other  sources,  8 . 

Dated  this day  of ,  18—. 


Treasurer  of - 


County,  Washington. 


Form  No.  12. 

Certificate  of  County  Superinteiident  to  County  Treasurer,  Shoiving  Amount  of 
Funds  Apportioned  to  Each  School  District. 


To  Mb. 


Treasurer  of County,  Washington  : 


I  hereby  certify  that  I  have  this  day  apportioned  the  school  funds  belonging  to  the  several 
school  districts  of county,  Washington,  now  in  your  hands  and  subject  to  apportionment. 


FORMS. 


163 


as  shown  by  certificates  now  on  file  in  my  oflice,  and  that  the  several  school  districts  are  entitled 
to  the  amounts  set  opposite  their  respective  numbers,  as  follows : 

State  fund County  fund 


0 

i 

Amount 
of  state 
funds. 

Amount 
of  county 
funds. 

Total. 

1 

Amount 
of  state 
funds. 

Anount 

of  county 

funds. 

Total. 

9 

c. 

s 

c. 

$ 

c. 

8 

c. 

$ 

c. 

$ 

c. 

Dated  this  • 


day  of  - 


Supt.  Com.  Schools, 


( Signed  ) , 

County,  Washington. 


Form  No.  13. 

Form  for  Notifying  District  Clerk  of  the  Amotint  of  Funds  Apportioned  to  his 
District  by  County  Superiiitendent. 

To  Cleek  of  School  Disteict  No. , County,  "Washington  : 

I  hereby  certify  that  on  the day  of ,  18 — .  funds  were  apportioned  to  your  district  as 

follows:   State  school  fund,  8 ;  county  school  fund,  8 ;  total  8 . 

Dated  this day  of .  18—. 

(Signed) , 


Supt.  Com.  Schools,  ■ 


■  County,  Washington. 


Form  No.  14. 

Annual  Report  of  County  Treasurer  to  County  Superintende^it  Showing  Finan- 
cial Status  of  Each  School  District  for  Preceding  Year  Ending  June  30. 

[Not  printed  with  laws.] 


Form  No.  15. 

Appointment  of  Director  or  Clerk  to  Fill  Vacancy. 

By  virtue  of  authority  in  me  vested  by  law,  I  hereby  appoint to  the  office  of 

of  School  District  No.  ,  of county.  State  of  Washington,  to  fill  a  vacancy  caused  by 

[here  state  cause  of  vacancy  ];  said to  continue  in  office  until  the  next  annual  school 

election,  and  until  his  successor  is  elected  and  qualified  according  to  law. 

Done  this day  of ,  18—. 

( Signed ) . 

Supt.  of  Com.  Schools, County,  Washington. 


164 


FORMS. 


OATH  OF  OFFICE. 

State  ok  Washington,  County  of ,  ss. 

1, ,  do  solemnly  swear  ( or  affirm )  that  I  will  support  the  constitution  of  the  United 

States  and  the  constitution  of  the  State  of  Washington ;  that  I  will  endeavor  to  promote  the  in- 
terests of  education,  and  will  faithfully  discharge  the  duties  of of  School  District  No. , 

in  the  county  of ,  in  said  state.    So  help  me  God. 


Subscribed  and  sworn  to  before  me  this day  of ,  18 — . 

(Signed) . 

[Here  state  official  character  of  officer  who  administered  oath.] 


(Signed). 


(Postoffice). 


Form  No.  16. 

Report  of  Defective  Youth. 

To  THE  Board  of  Commissioners  of County,  Washington: 

I  herewith  transmit  to  you  a  report  of  all  defective  youth  residing  in  your  county,  as  reported 
to  me  by  the  clerks  of  the  several  school  districts  of  the  county. 

Dated  this day  of ,  18 — . 


Supt.  of  Com.  Schools, County,  Washington. 

Name  of  youth. 

Character  of  ail- 
ment. 

Name  of  parent  or 
guardian. 

Postoffice  address  of  parent  or 
guardian. 

Remarks. —  This  report  should  be  made  to  the  county  commissioners  at  their  August  meeting 
and  a  copy  of  it  should  be  sent  by  the  county  superintendent  to  the  director  of  the  School  for 
Defective  Youth,  at  Vancouver,  Washington. 


To 


Form  No.  17. 

District   Clerk's  Beport  to  Superior  Judge. 
-,  Superior  Judge, County,  Washington: 


Sir  —  In  compliance  with  the  provisions  of  section  49  of  the  Code  of  Public  Instruction  of  the 
State  of  Washington,  I  herewith  send  you  the  names  of  such  children  residing  in  School  District 
No. ,  of county,  Washington,  as  have  not  attended  school  as  required  by  law. 

Dated  this day  of ,  18  — . 


Clerk  of  School  District  No. 


•  County,  Washington. 


iVawic  of  chUd. 

Name  of  guardian  or  parents. 

Postoffice  address. 

RiaiARKS. —  This  report  should  be  sent  on  or  before  the  first  day  of  December  of  each  year. 


FORMS.  165 

Form  No.  18. 

Teachers''  Grade  Report. 


[Not  printed  with  laws.] 


Form  No.  19. 
Annual  Report  of  School  District  Clerk-  to  County  Superintendent. 

[  Not  printed  with  laws.] 


Form  No.  20. 

District  Clerk's   Certificate  to  Directors. 

To  THE  Directors  of  School  District  No. , County,  "Washington  : 

I  hereby  certify  that  all  reports  required  by  law  to  be  made  by  teachers  to  school  district 

clerks  or  to  county  superintendents  have  been  made  by ;  that  the  register  has  been 

properly  kept,  and  that  said is  now  entitled  to  an  order  in  full  payment  of  his  ser- 
vices as  teacher. 

Clerk  of  School  District  No. . 

Remarks. —  Directors  shall  not  sign  warrant  for  last  month's  salary  until  this  certificate  is 
made  a  part  of  the  clerk's  records,  or  until  by  personal  inspection  they  find  that  the  reports  have 
been  properly  made. 


Form  No.  21 -a. 

Certificate  of  Special  Tax  Levy. 

(  When  ordered  by  vote  of  electors.) 
State  of  Washington,  1 
County  of ,        J 

To  the  Auditor  of County,  Washington  : 

I, ,  clerk  of  School  District  No.  ■ -,  of  said  county,  do  hereby  certify  that  at  a 

special  election,  duly  called  and  held  in  said  school  district,  on  the day  of .  189 — ,  it  was 

voted  by  the  legal  electors  of  said  school  district  that  a  special  tax  of mills  on  the  dollar  be 

levied  on  all  the  taxable  property  of  said  school  district,  as  shown  by  the  assessment  roll  for  the 
year  189 — ,  for  the  purpose  of . 

Witness  my  band  this day  of ,  189^. 


Clerk  of  School  District  No. , County,  Washington. 

Remarks. — This  certificate  muat  be  filed  with  the  auditor  on  or  before  the  first  day  of  Septem- 
ber.   The  directors  of  a  school  district  may  levy  a  tax  not  exceeding  five  mills  on  the  dollar. 


Form  No.  21-b. 

Certificate  of  Special  Tax  Levy. 

(When  levied  by  school  district  directors.) 
State  of  Washington,  ) 
County  op ,       j 

To  the  Auditor  of County,  Washington: 

I, ,  clerk  of  School  District  No.  ,  of  said  county,  do  hereby  certify  that  at  a 

meeting  of  the  board  of  directors  duly  held  in  said  school  district,  on  the  — —  day  of ,  189 — , 


106  FORMS. 

it  was  voted  by  the  saici  board  of  directors  of  said  school  district  that  a  special  tax  of mills  on 

the  dollar  be  levied  on  all  the  taxable  property  of  said  school  district,  as  shown  by  the  assessment 
roll  for  the  year  189 — ,  for  the  purpose  of . 

Witness  mv  hand  this day  of ,  189 — . 

(Signed) , 

Clerk  of  School  District  No. , County,  Washington. 

Js'OTE.— This  certificate  must  be  filed  with  the  auditor  on  or  before  the  first  day  of  September. 
Boards  of  directors  may  levy  a  special  tax  of  five  mills  or  less  without  a  vote  of  the  people. 


Form  No.  22. 

School  District  Wan-ant. 

S .  No. . 

,  Washington, ,  18—. 

Teeasuker  of County,  Washington: 

Pay  to ,  or  order,  the  sum  of dollars  out  of  the  [here  state  what  fund  ]  funds 

of  School  District  No. ,  of  said  county,  for  [here  state  for  what  service]  and  charge  the  same 

to  the  account  of  said  district. 

Countersigned,  (Signed) ,    1 

• ,  ,     -  Directors. 


Clerk  School  District  No. 


Form  No.  23. 

Notice  of  Annual  Election. 

Notice  is  hereby  given  that  the  annual  election  of  School  District  No. ,  of county, 

State  of  Washington,  will  be  held  at ,  in  said  school  district,  on  Saturday,  the day  of 

June,  189—,  for  the  purpose  of  electing  school  district  oflScers  as  follows,  viz.: 

One  school  district  clerk  for  a  term  of  one  year. 

One  school  district  director  for  a  term  of  three  years. 


and  for  the  transaction  of  such  other  business  as  may  lawfully  come  before  the  meeting. 
The  polls  will  be  open  from  —  o'clock  —  M.,  to  —  o'clock  —  m. 
By  order  of  the  board  of  directors. 
Dated  this day  of ,  18—. 


School  District  Clerk. 
Remarks.— Three  of  these  notices  must  be  posted  at  least  ten  days  prior  to  the  day  of  elec- 
tion, one  of  which  must  be  at  the  place  of  holding  the  election.     All  elections  should  be  held  at 
the  school  house  if  there  be  one. 


Form  No.  24. 


Notice  of  Election  to  Vote  Special  Tax. 

Notice  is  hereby  given  that  a  special  election  will  be  held  at ,  in  School  District  No. , 

county.  State  of  Washington,  on  the day  of ,  189—,  for  the  purpose  of  deter- 


mining whether  a  special  tax  of  —  mills  on  the  dollar  shall  be  levied  upon  all  taxable  property  in 


FORMS.  167 


said  school  district,  for  the  purpose  of.. 


Those  in  favor  of  said  tax  levy  will  vote,  "Tax,  yes;"  those  opposed,  "Tax,  no." 

The  polls  will  be  open  from  —  o'clock  —  M.  to  —  o'clock  —  M. 

By  order  of  the  board  of  directors. 

Dated  this day  of ,  18—. 

(Signed) 


School  District  Clerk. 

Remaeks.— All  elections  must  be  held  at  the  school  house,  if  there  be  one.     At  least  three 
notices  must  be  posted  at  least  ten  days,  one  of  which  must  be  at  place  of  holding  election. 


Form  No.  25. 

Notice  of  School  District  Bond  Election. 

Notice  is  hereby  given  that  a  special  election  will  be  held  at ,  in  School  District  No.  — , 

of county,  State  of  Washington,  on  the day  of ,  189—,  for  the  purpose  of  deter- 
mining whether  or  not  the  directors  of  said  school  district  shall  borrow  money  and  issue  bonds 
of  the  district  in  the  sum  of dollars,  for  the  purpose  of  

Said  bonds,  if  issued,  shall  bear  a  rate  of  interest  not  to  exceed  10  per  centum  per  annum, 
payable annually;  the  bonds  to  be  payable  and  redeemable  in years  after  date:  *  Pro- 
vided, That  said  school  district  reserves  the  right  to  pay  or  redeem  said  bonds,  or  any  of  them,  at 
any  time  after years  from  the  date  thereof. 

The  election  will  be  by  ballot.  Those  in  favor  of  the  issuing  of  bonds  as  above  specified,  will 
vote,  "  Bonds,  yes;  "  those  opposed.  "  Bonds,  no." 

The  polls  will  be  open  from  —  o'clock  —  m.  to  —  o'clock  —  m. 

By  order  of  the  board  of  directors. 

Dated  this day  of ,  189—. 

( Signed ) , 

School  District  Clerk. 

Remarks.— All  elections  must  be  held  at  the  school  house,  if  there  be  one.  At  least  three 
notices  must  be  posted  at  least  ten  days,  one  of  which  must  be  at  the  place  of  holding  election. 

Preserve  one  copy  of  this  notice  as  a  part  of  the  records. 

*If  the  directors  do  not  desire  the  option  of  paying  the  bonds,  or  any  part  of  them,  before 
the  maximum  limit  stated  in  the  notices,  this  clause  should  be  erased. 


Form  No.  26. 


Notice  of  Special  School  District  Meeting. 

Notice  is  hereby  given  that  a  special  meeting  of  the  legal  school  electors  of  School  District  No. 

of county,  Washington,  will  be  held  at ,  in  said  district,  on  the day  of , 

18 — ,  beginning  at  the  hour  of o'clock  —  M.,  of  said  day,  for  the  purpose  of  determining 


By  order  of  the  board  of  directors. 
Dated  this day  of ,  18—. 


School  District  Clerk. 


Remarks.— At  least  three  notices  should  be  posted  at  least  ten  days.  No  business  can  be 
transacted  except  such  as  is  specified  in  the  notice.  The  meeting  contemplated  is  not  an  election 
in  the  strict  sense  of  that  term,  but  is  a  meeting  at  which  the  voters  may  assemble  to  discuss  and 
determine  matters  pertaining  to  the  welfare  of  their  district. 


168  FORMS. 


Form  No.  27. 

Certijicale  of  Election  to  be  Given  by  Clerk  of  Annual  School  Meeting  to  Officers- 
Elect. 

To •,  Greeting  : 

This  is  to  certify  that  at  the  annual  election  of  School  District  No. ,  of county,  State 

of  Washington,  held  on  the day  of  June,  18 — ,  you  were  duly  elected  to  the  office  of of 

said  <ii9trict  for  a  term  of years,  beginninfj;  on  the  first  Monday  in  * next  succeeding 

said  election. 

Dated  this dav  of ,  18—. 

(Signed) , 

Clerk  of  District  School  Election. 

RKM.\RKs.~This  notice  should  be  retained  by  the  officer  elected. 

*  Directors  take  office  on  the  first  Monday  in  July ;  clerks  on  the  first  Monday  in  August. 


Form  No.  28. 

Certificate  of  Election  and  Oath  of  Office. 

To  Superintendent  of  Common  Schools  op County,  Washington  : 

I  hereby  certify  that  at  the  annual  election  of  School  District  No. , county.  State  of 

Washington,  held  on  the day  of  June,  189—,  M was  duly  elected  to  the  office  of 

of  said  district  for  a  term  of years,  beginning  on  the  first  Monday  in  * next  suc- 
ceeding" said  election.     I  further  certify  that  h —  postoffice  address  is ,  State  of  Washington. 

( Signed  ) , 

Clerk  of  Annual  School  Election. 

OATH  OP  OFFICE. 

State  of  Washington.  County  of ,  ss. 

I, ,  do  hereby  solemnly  swear  ( or  affirm )  that  I  will  support  the  constitution  of 

the  United  States  and  the  constitution  of  the  State  of  Washington;  that  I  will  endeavor  to  pro- 
mote the  interests  of  education,  and  will  faithfully  discharge  the  duties  of of  School  District 

No. ,  in  the  county  of ,  in  said  state.     So  help  me  God. 

(Signed) , 

SubscriVied  and  sworn  to  before  me  this day  of ,  189 — . 


[  Here  state  official  character  of  officer  who  administers  oath.] 
Remarks. —  This  notice  should  be  given  to  the  person  elected,  who  must  qualify  on  or  before 
the  day  designated  for  him  to  take  office,  and  send  the  oath  and  certificate  above  to  the  county 
superintendent.  He  must  also  file  with  the  county  treasurer  his  signature,  certified  to  by  some 
school  officer.  The  treasurer  cannot  pay  or  register  any  warrants  signed  by  any  school  officers 
whose  signatures,  so  certified,  are  not  filed  in  his  office.  The  county  superintendent  should  not 
recognize  any  one  as  director  or  clerk  whose  oath  is  not  on  file  in  his  office. 

♦Directors  take  office  on  the  first  Monday  in  July,  and  clerks  on  the  first  Monday  in  August. 


Form  No.  29. 

School  District  Election  Poll  Book. 

Poll  book  of  an  election  held  in  School  District  No. ,  of county,  State  of  Washing- 
ton, on  the day  of ,  18—, and being  chosen  judges  of  said  eleo- 


FORMS. 


169 


tion,  and 

duties  of  their  respective  offices. 


clerk,  all  being  duly  sworn  as  required  by  law,  before  entering  upon  the 


Nutnber  and  names  of  electors  voting. 


1 4 

2 5 

3 6 


TaUy  list. 


Tally  list. 


We  hereby  certify  that  the  whole  number  of  electors  voting  at  this  election  amounts  to ; 

that  the  whole  number  of  ballots  cast  at  this  election  amounts  to ;  that received 

votes  for  director;  that received votes  for  clerk,  etc.,  etc. 


Attest  : 


Judges. 


Clerk  of  Election. 


Remarks. —  Election  boards  will  vary  the  tally  list  and  certificate  to  suit  the  nature  of  the 
election.  If  it  be  for  the  election  of  officers  at  an  annual  election,  the  name  of  each  person  voted 
for  must  be  entered  on  the  tally  list,  and  a  tally  of  the  votes  cast  for  him  must  be  placed  opposite 
his  name.  If  the  election  be  for  voting  a  special  tax  or  for  voting  bonds,  the  number  of  votes  for 
and  against  the  proposition  must  be  entered  on  the  tally  list.  The  certificate  must  simply  con- 
tain a  summary  of  the  vote  as  shown  by  the  tally  list.  Election  boards  are  chosen  by  the  electors. 
The  school  district  officers,  or  any  part  of  them,  may  be  chosen  as  an  election  board.  The  poll 
book  and  all  other  papers  should  be  delivered  to  the  county  superintendent. 

Oath  of  Judges  of  Election. 

State  of  Washington,  County  of ,  ss. 

We, and ,  do  solemnly  swear  that  we  will,  as  judges  of  an  election  to 

be  held  in  and  for  School  District  No. ,  of county.  State  of  Washington,  on  this day 

of ,  18 — ,  duly  attend  said  election  during  its  continuance;  that  we  will  not  receive  any  vote 

or  ballot  from  any  person  other  than  such  as  we  firmly  believe  to  be  duly  qualified  voters  at  said 

election,  according  to  law ;  that  we  will  make  a  true  and  perfect  return  of  said  election,  and  will 

in  all  things  faithfully  and  impartially  discharge  our  duties  as  judges  of  said  election  to  the  best 

of  our  judgment  and  ability;  and  that  we  are  not  directly  or  indirectly  interested  in  any  bet  or 

wager  on  the  result  of  said  election.    So  help  us  God. 

.      / 

,      * 

.Subscribed  and  sworn  to  this day  of ,  18 — . 


.ludges. 


[Here  state  official  character  of  officer  administering  oath.] 

Oath  of  Clerk  of  Election. 

State  of  Washington,  County  of ,  ss. 

I, ,  do  solemnly  swear  that  I  will,  as  clerk  of  an  election  to  be  held  in  and  for 

School  District  No. ,  county  of ,  State  of  Washington,  on  this day  of ,  18 — ,  duly 

attend  said  election  during  its  continuance;  that  I  will  record  on  the  poll  book  of  said  election 
the  name  of  each  person  voting  thereat,  and  faithfully  and  impartially  discharge  the  duties  of 
clerk  of  said  election;  and  that  I  am  not  directly  or  indirectly  interested  in  any  bet  or  wager  on 
the  result  of  said  election.     So  help  me  God. 


Subscribed  and  sworn  to  before  me  this  ■ 


day  of - 


Clerk  of  Election. 


[Here  state  official  character  of  ollicer  administering  the  oath.     .\  director  may  administer  it.] 


170 


FORMS. 


State  of  Washington, 

County  of 

To  THE  Treasurer  of  ■ 


1-ss. 


Form  No.  30. 

Certificate  of  Bojid  Election. 


County,  Washington  : 


We,  the  undersigned,  directors  of  School  District  No.  ,  of county.  State  of  Washing- 
ton, do  liereby  certify  that  at  an  election  held  in  said  school  district  on  the day  of ,  18—, 

it  was  voted  that  the  bonds  of  said  district  shall  be  issued  by  the  directors  thereof  in  the  sum  of 
dollars,  payable  —  years  after  date,  with  interest  at  the  rate  of  —  per  cent,  per  annum,  pay- 
able   annually;  *and  we  further  certify  that  the  board  of  directors  of  said  district  reserves  the 

right  to  redeem  said  bonds  as  follows,  viz.:  


Witness  our  hands  this  • 
Attest : 


dav  of 


18- 


School  District  Clerk. 


Directors. 


*The  people  determine,  at  the  election,  the  maximum  time  the  bonds  are  to  run.  If  the 
directors  reserve  the  right  to  pay  the  bonds  or  any  portion  of  them  prior  to  that  date,  they  shall 
specify  such  intention  in  their  certificate  to  the  county  treasurer,  to  guide  him  in  his  advertise- 
ment ;  if  the  directors  do  not  reserve  such  right,  this  clause  may  be  omitted  from  their  certificate 
to  treasurer. 


Form  No.  31. 

Report  of  County  Superintendent  to  County  Treasurer  of  School  District  Officers 

Elected  or  Qualified. 

To  THE  Treasurer  of  County",  Washington  : 

You  are  hereby  notified  that  the  following  named  persons  were  duly  elected  to  the  offices 

indicated,  at  the  annual  school  election  held  on  the day  of ,  18—;  that  the  oath  of  office 

of  each  of  said  persons  has  been  filed  in  my  office  as  required  by  law. 


No.  of 
dist. 

Name  of  officer. 

Title  to  office. 

Duration  of 
term. 

Postoffice  address. 

Dated  this day  of  • 


-,18—. 


Supt.  Com.  Schools, 


•  County,  Washington. 


Form  No.  32. 

Report  of  County  Superintendent  to  County  Treasurer  of  the  Appointment  of  a 
School  District  Officer. 

To  the  Treasurer  of County,  Washington  : 

You  are  hereby  notified  that ,  of ,  has  been  appointed  to  the  office  of 

of  School  District  No. ,  of  this  county,  in  place  of ;  that  he  qualified  as  such  officer  on 

the day  of ,  189 — ;  that  his  oath  of  office  is  now  on  file  in  my  office. 

Dated  this day  of ,  189—. 

Supt.  Com.  Schools, County,  Washington. 

Remark. — All  appointed  oflBcers  serve  until  the  next  annual  election. 


[Not  printed  with  laws. J 


FORMS.  171 

Form  No.  33. 

Teacher's  Register. 


FoKM  No.  34. 

Teacher's  Contract. 


-,  Superintendent  Common  Schools  : 


The  following  contract  has  been  made  in  accordance  with  the  action  of  the  board  of  directors 
as  found  in  the  minutes  of  the  meeting  of day  of ,  189 — : 

teacher's  contract. 

It  is  hereby  agreed,  by  and  between  the  directors  of  School  District  No. ,  county  of , 

State  of  Washington,  and ,  the  holder  of  a  teacher's  certificate  now  in  force  in  said 

county,  that  said  teacher  is  to  teach,  govern  and  conduct  the  public  school  of  said  district  to  the 
best  of  h —  ability,  follow  the  course  of  study  lawfully  adopted,  keep  a  register  of  the  daily  at- 
tendance of  each  pupil  attending  said  school,  make  all  reports  required  by  law  or  by  lawful 
authority,  and  endeavor  to  preserve  in  good  condition  the  school  house,  grounds,  furniture,  ap- 
paratus and  such  other  property  of  the  district  as  may  come  under  the  immediate  supervision  of 

said  teacher,  for  a  term  of school  months,  commencing  on  the day  of ,  189—,  for 

the  sum  of — — —  dollars  per  month,  to  be  paid  at  the  end  of  each  school  month,  out  of  the  funds 
of  said  school  district,  upon  a  warrant  drawn  by  the  directors  of  said  school  district  and  payable 
by  the  county  treasurer:  Provided,  That  if  said  teacher  shall  be  legally  dismissed  from  school,  or 
shall  have  h —  certificate  lawfully  annulled  by  expiration  or  otherwise,  then  said  teacher  shall 
not  be  entitled  to  compensation  from  and  after  such  dismissal  or  annullment:  Provided  further. 
That  the  wages  of  said  teacher  for  the  last  month  of  the  school  term  shall  not  be  paid  unless  said 
teacher  shall  have  made  the  reports  hereinbefore  mentioned. 

And  the  directors  of  said  school  district  hereby  agree  to  keep  the  school  house  in  good  repair, 
to  provide  a  school  register,  fuel  and  other  necessary  supplies  for  the  comfort  of  the  school. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this day  of ,  189 — . 


Attest : ,  District  Clerk. 

Recorded  on page  of  Record  of  Contracts. 


-,    "i"   Directors. 
-,  Teacher. 


Supt.  Common  Schools. 
NOTE.^This  contract  shall  be  made  in  duplicate,  and  mailed  to  the  county  superintendent  of 
common  schools,  who  shall,  if  it  be  legal,  countersign  the  same  and  mail  one  copy  to  the  district 
clerk  and  one  to  the  teacher. 


Form  No.  35. 


Teacher's  Annual  Report  to  County  Superintendent  or  District  Clerk. 

[Not  printed  with  laws.] 


[Not  printed  witli  laws.] 


Form  No.  36. 

Teacher's  Term  Report. 


172  FORMS. 


Form  No.  37. 

Teacher's  Temporary  Certificate. 

COMMON  SCHOOLS  OF  THE  STATE  OF   WASHINGTON. 

Tlii.s  is  to  certify  tliat ,  having  filed  in  my  office  legal  evidence  of  being  a  person 

of  good  moral  character,  and  of  possessing  ability  to  teach  and  govern,  is  hereby  granted  this 
temporary  certificate,  which  entitles  h —  to  teach  in  the  common  schools  of county,  Wash- 
ington, until  the  next  regular  examination  of  teachers  in  said  county. 

This  certificate  is  granted  upon  the  following  evidence  of  ability  to  teach,  viz 

Valid  until ,  189—.     Extended  until 189—. 

Dated  this day  of 189—.  , 


Supt.  Com.  Schools, County,  Washington. 


Form  No.  38. 

Teacher's  Special  Certificate. 

COMMON  SCHOOLS  OF   THE  STATE   OF   WASHINGTON. 

This  is  to  certify  that having  filed  in  my  office  legal  evidence  of  being  a  person 

of  good  moral  character  and  of  possessing  ability  to  teach  and  govern,  is  hereby  gn'anted  this 

special  certificate,  which  entitles  h —  to  teach  the  subject  of in  the  common  schools  of 

county.  State  of  Washington,  until  revoked  for  cause. 


This  certificate  is  granted  upon  the  following  evidence,  viz.:. 
Dated  at this day  of ,  189—. 


Supt.  Com.  Schools, County,  Washington. 


Form  No.  39. 

County  Superintendent's  Certificate  that  All  Reports  Have  Been  Made. 

Offick  of  Superintendent  of  Common  Schools, County,  Washington, 

,  189—. 

To  THE  Board  of  Directors  of  School  District  No. , County,  Washington: 

I  hereby  certify  that ,  clerk  of  School  District  No.  ,  has  made  all  reports  due 

from  said  district,  to  the  county  superintendent,  for  the  quarter  last  past,  including  the  following: 


County  Superintendent. 
Remarks. — This  certificate  is  required  to  be  made  out  and  forwarded,  on  or  before  the  last 
Saturday  of  January,  April,  July  and  October,  of  each  year,  to  all  clerks  who  have  made  all  re- 
ports required  by  law,  and  the  board  of  directors  is  forbidden  to  audit  any  account  or  issue  any 
warrant  for  services  performed  by  any  clerk  until  this  certificate  is  filed  with  them. 


Form  No.  40. 

Notice  of  Appeal  to  State  Board  of  Education. 

To  THE  Secretary  of  the  State  Board  of  Education: 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  superin- 
tendent of  public  instruction  does  hereby  appeal  from  the  decision  of  said  superintendent  and 


FORMS.  173 

respectfully  ask  that  you  take  such  action  in  the  matter  as  will  redress  the  g:rievance  hereinafter 
set  forth.     The  action  complained  of  is:  [Here  state  fully  and  clearly  the  action  complained  of.] 

State  of  Washington,  County  of ,  ss. 

I, ,  do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.  So  help  me 

God. 

(Signed) , 

Subscribed  and  sworn  to  before  me  this day  of ,  18 — . 

[  Here  state  oflBcial  character  of  oflBcer  administering  oath.] 
Remabks. —  All  appeals  must  be  taken  within  thirty  days  after  the  act,  order  or  decision  com- 
plained of. 


Form  No.  41. 

Notice  of  Appeal  to  Stiperintendent  of  Public  Instruction. 

To  THE  Superintendent  of  Public  Instruction  of  Washington  : 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  county 

superintendent  of county.  State  of  Washington,  does  hereby  appeal  from  the  decision  of 

said ,  and  respectfully  ask  that  you  take  such  action  in  the  matter  as  will  redress  the 

grievance  hereinafter  set  forth.    The  action  complained  of  is  as  follows,  viz.:    [Here  state  fully 
and  clearly  the  action  complained  of.] 

State  of  Washington,  County  of ,  ss. 


I, ,  do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.   So  help  me 

God. 

(Signed) , 

Subscribed  and  sworn  to  before  me  this day  of ,  18 — . 

[Here  state  official  character  of  officer  administering  oath.] 
Remarks.— All  appeals  must  be  taken  within  thirty  days  after  the  act,  order  or  decision  com- 
plained of. 


Form  No.  42. 

Appeal  to  County  Superintendent. 

To  THE  Superintendent  of  Common  Schools  of County,  Washington: 

You  are  hereby  notified  that  the  undersigned,  feeling  aggrieved  by  the  action  of  the  board  of 

directors  of  School  District  No. ,  of county,  State  of  Washington,  do  hereby  appeal  from 

the  decision  of  said  board,  and  respectfully  ask  that  you  take  such  action  as  will  redress  the 
grievance  hereinafter  set  forth.  The  action  complained  of  is  as  follows,  viz.:  [Here  state  clearly 
and  fully  the  action  complained  of.] 

State  of  Washington,  County  of ,  ss. 

I^ ,  do  solemnly  swear  that  the  above  and  foregoing  statement  is  true.    So  help 

me  God. 

(Signed) . 

Subscribed  and  sworn  to  before  me  this day  of ,  18—. 


[  Here  state  official  character  of  the  officer  administering  oath.] 
Remarks.— All  appeals  must  be  taken  witliin  thirty  days  of  the  act,  order  or  decision  com- 
plained of. 


174  FORMS. 

Form  Mo.  43. 

Report  of  Fines  Collected  by  Clerks  of  Courts  and  Justices  of  the  Peace. 

To  THE  Sdpebintendent  op  Common  Schools, County,  Washington  : 

Yo»j  are  hereby  notified  that  the  sum  of  8 has  been  collected  by  me  during  the  quarter 

beginning  on  the  first  day  of ,  18 — ,  as  fines  for  breach  of  penal  laws  of  the  State  of  Wash- 
ington, and  that  said  money  has  been  turned  over  to  the  county  treasurer  to  be  placed  to  the 
credit  of  the  common  school  fund. 
Dated  this day  of ,  18 — . 


Remarks.— Clerks  of  courts  and  justices  of  the  peace  are  required  to  make  this  report  quar- 
terly. 


Form  No.  44. 

School  District  Officer's  Signature. 

Teeasureb  of County,  Washington  : 

Sir  —  My  signature,  herewith  transmitted  for  filing  in  your  ofiice,  is  in  the  form  in  which  it 
will  hereafter  appear  when  attached  to  •warrants  drawn  upon  you  by  the  officers  of  this  school 

district  during  my  term  of  oflftce.     Said  term  is  for year—,  beginning  on  the  first  Monday  of 

,  189 —.  ( Signed ) , 

♦Director  — Clerk  of  School  District  No. , County,  Washington. 

*  Erase  "  Director"  or  "  Clerk,"  as  the  ease  may  require. 

Certificate. 

I  hereby  certify,  that  the  within  signature  of  M is  genuine,  and  that  he  is  a 

of  School  District  No. . 

(Signed) , 

♦Director— Clerk  of  School  District  No. , County,  Washington. 

♦Erase  "  Director"  or  "  Clerk,"  as  the  case  may  require. 


Form  No.  45. 

Common  School  Biploma. 

COMMON  SCHOOLS  OF  THE  STATE  OP  WASHINGTON. 

This  certifies  that ,  of  District  No. ,  county  of ,  State  of  Washington,  has 

passed  a  creditable  examination  in  the  subjects  required  for  the  first  eight  years  of  the  common 
school  course  as  adopted  by  the  state  board  of  education,  and  has  maintained  a  high  standing  in 
deportment;  and  is  therefore  granted  this 

CERTIFCATE   OF   GRADUATION. 

In  testimony  whereof,  our  signatures  are  affixed  this day  of 189 — . 


Teacher. 

[seal]  . 

Supt.  Common  Schools. 


FORMS. 
Forms  Nos.  46,  47,  48,  49,  50,  51  and  52. 

Not  printed  with  the  laws.] 
FoKM  No.  46.— Map  of  School  District. 
Form  No.  47.— Code  of  Public  Instruction. 

FOBM  No.  48.— Biennial  Report  of  Superintendent  of  Public  Instruction. 
Form  No.  49.—  Report  of  Teachers'  Examination. 
Form  No.  50.— Graded  School  Report. 
Form  No.  51.— Requisition  Blanks. 
Form  No.  52. —  Uniform  Examination  Paper. 


175 


CALENDAR  FOR  THE  YEAR'S  DUTIES. 


Section. 

July  1st,  fiscal  year  begins 67 

First  Monday  in  July,  directors  assume  office 39 

July  15th,  clerks  report  to  county  supei'intendent 49 

First  Saturday  in  August,  i-egular  meeting  of  board 43 

Attend  to  special  tax  levy  at  regular  meeting  of  board 112 

First  Monday  in  August,  clerk  assumes  office 48 

September  1st,  clerk  must  have  certified  the  special  tax  levy  to  county 

auditor  ^^* 

First  Monday  in  September,  legal  holiday,  Labor  Day.. 56 

First  Saturday  in  November,  regular  meeting  of  board 43 

Last  Thursday  in  November,  legal  holiday.  Thanksgiving  Day 56 

December  1st,  clerk  reports  to  superior  judge  of  children  not  attending 49 

Christmas  Day,  legal  holiday 56 

New  Year's  Day,  legal  holiday 56 

First  Saturday  in  February,  regular  meeting  of  board 43 

February  12th,  legal  holiday,  Lincoln's  birthday 56 

February  22d,  legal  holiday,  Washington's  birthday 56 

First  Saturday  in  May,  regular  board  meeting 43 

Call  annual  election,  fix  hours  for  polls 149 

Determine  annual  statement  to  voters  49 

June  1st,  begin  taking  census ^^ 

Second  Saturday  in  June,  annual  election  of  officers  149 

(176) 


ALPHABETICAL  INDEX  TO  CODE  OF  PUBLIC  INSTRUCTION. 


A. 

AGRICULTDBAL  COLLEGE:  Sec.     Page. 

Establishment 190  80 

Ex  officio  visitors 191  80 

Courses  of  study 192  80 

Duties  of  regents 193  80 

Departments 193  80 

Experiment  station 193  81 

Experiment  station 199  83 

Management,  how  vested 194  82 

Appointment  of  regents 194  82 

Bonds  of  regents 194  82 

Residence  of  regents 194  82 

Organization  of  board 195  82 

Treasurer 195  82 

Secretary 195  83 

President 196  83 

Duties  of  officers 196  83 

By-laws 197  83 

General  control 198  83 

Congressional  requirements 200  84 

Meetings  of  the  board 201  84 

Oath  of  Office 202  85 

Regents'  expenses 203  85 

Biennial  report 204  85 

Disbursements 205  85 

Interest  in  contracts 206  85 

Governor  ex  o^'cio  member  of  the  board ••  207  85 

Power  to  grant  degrees 208  85 

Construction  of  buildings 209  85 

Bonds  of  contractors 309  86 

Architects 210  86 

State  auditor  to  issue  warrants 211  86 

Admission  to  Normal  Schools 224  90 

Admission  to  University  of  Washington 183  77 

Annual  State  Tax 110  51 

Appeals — To  Superintendent  of  Public  Instruction; 

How  taken,  by  persons  aggrieved 36  27 

From  decision  made  by  county  superintendent 47  32 

Appeals  —  To  County  Superintendent:  Mode  of  procedure 47  31 

Appeals — To  County  Commissioners: 

Information  of  school  districts 3  14 

In  alteration  of  school  districts 5  15 

Appendix 1*^3 

Appoetionment  of  Funds: 

In  joint  districts 18  19 

By  superintendent  of  public  instruction 21  22 

By  county  superintendent 33  26 

New  district  entitled  to  part  of  special  tax 116  53 

Architects  Agricultural  College 210  86 

Attorney  General  — Legal  advisor  University  of  Washington 189  80 

Auditor  —  State : 

Shall  notify  superintendent  of  public  instruction  of  funds  on  hand Ill  52 

Shall  issue  warrants,  agricultural  college 211  86 

—12  (177) 


178  INDEX. 

Auditor  — County:  Sec.  Page. 

Shall  extend  special  school  tax  on  tax  roll 112  52 

Shall  require  certificate  of  qualification,  when 32  25 

AUDITIKG  Committee  — City  Districts:  Must  audit  accounts 91  44 

B. 

Bequests  and  Gratuities 186  79 

Blanks  —  By  whom  printed  and  distributed 22  20 

Boarding  Houses  —  Normal  schools 216  88 

Board  of  Education— State: 

How  constituted;  tenure  of  office 24  22 

Meetings  of,  annual,  special 25  23 

Expenses  of,  not  to  exceed  SI, 000  per  annum 25  23 

Shall  adopt  or  readopt  text-books 27  23 

Shall  prepare  courses  of  study  for  common  schools 27  23 

Shall  elect  a  secretarj' 27  23 

Shall  sit  as  a  board  of  examiners 27  23 

Shall  prepare  questions  for  county  examinations 27  23 

Vacancy  in  board,  how  filled 20  23 

Board  of  Directors  — City : 

Shall  consist  of  five  members 76  41 

Old  directors  in  districts  united  by  this  act  to  continue 76  41 

Members  shall  decide  by  lot  terms  of  office 76  41 

Shall  provide  one  voting  place  in  each  ward 78  42 

Shall  appoint  judges,  etc 78  42 

Shall  provide  registration  books 78  42 

Shall  count  votes  and  issue  certificate  of  election 79  42 

Shall  meet  as  canvassing  board,  when 79  42 

Shall  take  oath  of  office  and  file  the  same 80  42 

Terra  of  office  shall  commence,  when 80  43 

Shall  elect  a  president  and  vice  president,  when 80  43 

Shall  elect  a  secretary  and  fix  salary  of. 80  43 

Shall  elect  officers,  etc.,  by  viva  voce  vote 81  43 

Shall  hold  regular  and  special  meetings 85  43 

Shall  maintain  office,  and  meet  at 87  44 

Vacancies  in  board,  how  filled 89  44 

Vacancies  in  board  may  be  created,  how 90  44 

Quorum,  less  than,  powers  of 90  44 

Shall  not  vote  expenditure  of  more  than  $200,  except  on  contract 91  44 

Accounts  of,  subject  to  inspection  of  county  superintendent 91  44 

General  powers  and  duties 92  45 

To  employ  and  to  dismiss  a  city  superintendent 92  45 

To  prescribe  a  course  of  study  and  text-books 92  45 

General  powers  of  board 92  45 

Shall  cause  enumeration  to  be  taken ; 93  46 

Shall  report  to  county  superintendent 93  46 

Members  of,  shall  have  no  pecuniary  interest  in  contract 94  46 

Members  shall  receive  no  compensation 94  46 

Board  shall  not  sell  school  property,  except 95  46 

Shall  advertise  for  bids  in  certain  cases 96  46 

Board  shall  report  to  county  commissioners,  what 97  47 

Expenditure  of  funds  limited 97  47 

Shall  pay  incidental  costs  of  bonds 126  57 

Shall  canvass  result  of  vote  on  validation 130  60 

May  issue  bonds  for  validated  debt 132  61 

Shall  notify  treasurer  of  the  result  of  election 135  62 

Board  of  Examination,  State  — (See  Board  of  Education,  State.) 

Board  of  Higher  Education: 

Shall  consist  of  whom 28  24 

Shall  adopt  course  of  study  for  normal  schools 29  24 

Shall  harmonize  public  school  system 29  24 


INDEX.  179 

BOXDS — School  district:  Sec.  Page. 

Distiict  may  issue,  for  certain  purposes 117  54 

Amount  of,  rate  of  interest 117  54 

Election  to  determine  issue  of 118  54 

Notice  of  election  shall  state,  what 117  54 

Three-fifths  majority 118  54 

Form  of  bonds  —  registry  of  bonds 119  55 

Must  not  be  sold  beloAv  par  value 120  55 

Fees  for  advertising — how  paid 120  56 

Must  be  printed  or  lithographed 123  56 

May  be  funded  in  certain  districts 124  56 

Bonds  issued  by  cities  of  10,000  or  more 124  57 

Interest  on,  shall  cease,  when 125  57 

Incidental  expenses,  how  paid 126  57 

How  redeemed  and  canceled 127  58 

Bonds  of  regents  agricultural  college 194  82 

Bonds  of  contractors  agricultural  college 209  86 

Boundaries  of  school  districts 5  15 

Boundaries  harmonized  by  county  superintendent 33  26 

By-laws  agricultural  college 197  83 

By-laws  school  for  defective  youth 238  93 

c. 

Calexdar  for  School  Officers 176 

Census— School  districts: 

■\Vhen  and  by  whom  taken 49  32 

Shall  include,  wliat 49  32 

Shall  not  include  Indian  or  Mongolian  children 49  32 

In  cities  of  10,000,  by  whom  taken 93  46 

Census  Enumerators— In  cities  of  10,000: 

Compensation  of. 93  46 

Appoinlmcnt  of,  by  whom  made 93  46 

Sliall  verify  returns  by  affidavit 93  46 

Certificate  of  Secretary  of  State 102 

Certificate  of  Tax  Levy 112  52 

Certificates  and  Diplomas: 

Certificates  under  former  law  validated 136  63 

Life  diplomas 137  64 

Life  diplomas 138  65 

State  certificates 137  64 

Stale  cerlificates 138  65 

State  certificates  without  examination 139  65 

First  grade  eonnnon  school  certificates 137  64 

Second  grade  common  school  certificates 137  64 

Third  grade  common  scliool  certificates 137  64 

Temporary  common  school  certificates 137  64 

Temporary  common  school  certificates 146  67 

Special  common  school  certificates 137  64 

County  examinations 140  66 

State  examinations 138  65 

Fee  for  certificate  ( county  ) 142  66 

Fee  for  certificate  (state) 138  65 

Fee  for  diploma 138  65 

Requirements  forcertiflcate  (state) 138  65 

Requirements  forcertiflcate  (county) 141  66 

Papers  to  be  forwarded  tostate  superintendent's  office 143  66 

Renewal  of  certificates 144  67 

Ai>plicants  may  pass  in  eight  subjects 145  67 

Registration  of  certificates 147  68 

Revocation  of  certificates 148  68 

University  normal  diploma 186  79 

Normal  school  diploma 222  90 


180  INDEX. 


Sec.    Page. 

Cities  of  Ten  Thousand  —  ( See  School  Districts ) 75  40 

Clerks  —  Scliool  District: 

In  joint  districts  sliall  file  oath  in  each  county 17  19 

Election,  tenure  of  office 48  32 

Shall  take  office,  when 48  32 

Shall  file  signature  with  county  treasurer 62  38 

Appointment  of,  to  fill  vacancy 48  38 

Shall  be  clerk  of  special  meetings  of  voters 30  23 

Shall  file  transcript  of  record 47  31 

Shall  attend  meetings  of  board  of  directors 49  32 

Shall  preserve  copies  of  all  reports  to  county  superintendents 49  32 

Shall  keep  account  of  expenses  incurred  49  32 

Shall  present  record  book  for  inspection  at  annual  election 49  32 

Shall  take  census  of  children  of  school  age 49  32 

Shall  make  a  report  to  county  superintendent 49  33 

Shall  give  notice  of  annual  and  special  meetings 49  34 

Shall  report  employment  of  teachers  and  commencement  of  school 49  34 

Shall  issue  and  countersign  warrants  49  34 

Shall  receive  certain  compensation 50  34 

Shall  certify  to  correctness  of  teachers'  reports 53  35 

Shall  certify  special  tax  levy  to  county  auditor 112  52 

Shall  call  meeting  to  form  union  district 61  35 

Shall  report  to  superior  judge,  what 49  34 

Shall  report  to  county  superintendent  defective  youth 252  94 

Penalty  for  failure  to  make  reports 164  73 

Code  of  Public  Instruction: 

By  whom  and  to  whom  distributed 22  21 

Official  title  of  school  laws 257  95 

Commissioners — County: 

Shall  appoint  county  superintendent  to  fill  vacancy 30  24 

Shall  cause  record  of  school  district  boundaries  to  be  entered  upon  journal..  33  26 

Shall  hear  appeals  on  formation  of  districts 4  15 

Shall  defray  expenses  of  institute 104  48 

Shall  levy  district  bond  interest  tax 121  56 

May  levy  bond  sinking  fund  tax 121  56 

Shall  levy,  not  exceeding  three  mills,  when 135  63 

Shall  withhold  salary  of  county  superintendent,  when 160  72 

Shall  provide  office  for  county  superintendent 37  38 

Shall  levy  tax  in  cities  of  10,000  or  more  inhabitants 97  47 

Shall  defray  expenses  of  defective  youth 256  95 

May  be  fined  for  failure  to  enforce  compulsory  law,  when  ...  256  95 

Compulsory  attendance,  penalty 171  74 

Constitution  —  State  of  Washington 105 

Contracts: 

Valid  only  when  countersigned  by  county  superintendent 33  26 

Valid  only  for  term  of  certificate  of  the  holder 33  26 

Declared  valid  under  Code  of  Public  Instruction 63  38 

Compulsory  Attendance: 

(See  Parents  and  Guardians) 71  39 

School  for  defective  youth 254  95 

Convention  of  County  Superintendents  —  By  whom  called,  when 22  21 

County  Examinations 140  66 

County  Superintendent — (See  Superintendent  of  Common  Schools). 
County  Treasurer—  ( See  Treasurer). 
Coue.se  of  Study: 

For  primary,  grammar  and  high  schools 27  23 

For  normal  schools 28  24 

For  normal  schools 222  89 

For  entrance  to  higher  institutions 28  24 

Harmonizing  courses  of  public  school  system 28  24 

To  be  adopted  by  boards  of  directors  of  graded  and  high  schools 73  40 


INDEX.  181 

Course  op  Stttdy  —  Continued.  Sec.  Page. 

Shall  be  endorsed  by  teachers 54  35 

Board  of  directors  shall  adopt  in  cities  of  10,000 92  45 

Penalty  for  failure  to  comply  with 166  74 

Penalty  for  failure  to  enforce 174  75 

Course  of  Study  : 

Agricultural  college 192  80 

University  of  Washington 183  77 

University  of  Washington 186  79 

County  —  A  unit  for  supervision  and  administration 2  14 

D. 

Damages: 

To  school  property 172  74 

To  books,  normal  schools 223  90 

Defective  Youth  —  School  for 91 

Degrees  —  Agricultural  college 208  85 

Deputy  Superintendent  of  I*ublic  instruction 23  22 

Departments —  Agricultural  college 193  81 

Diplomas  : 

Life 137  64 

Life 138  65 

Fee  for 138  65 

May  be  revoked 148  68 

Diplomas  and  (Certificates: 

State  normal 220  89 

May  be  revoked 222  90 

University  of  Washington 186  79 

Director — School  District: 

Election,  tenure  of  office,  failure  to  qualify 39  28 

Eligibility,  ability  to  read  and  write  English 39  28 

Shall  take  office,  when 39  28 

Shall  file  signature  with  county  treasurer 62  38 

Appointment  of 33  25 

Shall  take  oath 61  37 

May  administer  oaths 61  37 

Shall  have  no  pecuniary  interest  in  contracts 45  31 

Director — School  for  defective  youth 248  94 

Directors — Boards  of: 

In  joint  districts  shall  file  oaths  in  each  county 17  19 

Shall  employ  teachers  and  others 40  29 

Shall  enforce  rules,  course  of  study,  etc 40  29 

Shall  provide  and  pay  for  furniture  and  supplies 40  29 

Shall  rent,  furnish,  repair  and  insure  school  houses 40  29 

Shall  build  or  remove  school  houses,  when 40  29 

Shall  purchase  personal  property,  etc 40  29 

Shall  suspend  or  expel  pupils,  when 40  29 

May  exclude  children  from  school,  when 40  29 

Shall  provide  free  text^books,  and  books  for  indigent  children,  when 40  29 

Shall  require  all  children  to  be  supplied  with  text-books 40  29 

Shall  exclude  from  school  and  school  libraries  certain  classes  of  literature..  40  29 

May  authorize  school  room  to  be  used  for  certain  purposes 40  29 

Shall  require  teachers  to  conform  to  the  law 40  30 

Shall  be  liable  as  directors  for  debts,  judgments 41  30 

May  permit  adults  and  non-resident  pupils  to  attend  school,  when 42  30 

May  charge  tuition 42  30 

Shall  turn  over  all  money  collected  to  treasurer 42  30 

May  make  by-laws  for  government  of. 43  30 

Shall  hold  regular  meetings,  when 43  30 

May  hold  special  meetings 43  30 

Shall  have  custody  of  school  property 44  30 


182  INDEX. 

Directors  —  Boards  of — Continued.  Sec.    Page, 

Slmll  linve  power  to  convey  by  deed,  etc 44  30 

Shall  have  power  to  transact  business,  etc 44  31 

Shall  sign  warrants  for  payment  of  debts,  etc 44  31 

Shall  sign  and  execute  deeds  for  district 44  31 

Slmll  call  special  meetings  of  voters,  when 156  71 

Shall  carry  out  voters'  directions 158  72 

Shall  appoint  a  clerk  of  board  pro  tempore 49  32 

Shall  not  sign  warrant  for  teachers'  wages,  when 52  35 

Shall  not  contract  debts,  when 46  31 

Shall  withhold  warrant  for  last  month's  salary,  when 53  35 

Shall  make  a  written  order  for  employment  of  teacher 55  35 

May  determine  length  of  school  day 66  39 

Shall  furnish  free  text-books,  when 108  50 

Shall  adopt  rules  governing  free  text-books 108  50 

May  levy  special  tax  not  exceeding  five  mills 112  52 

^lay  order  a  special  election  to  vote  special  tax 112  52 

Shall  pay  district  clerks  for  services,  when 50  34 

Shall  not  audit  accounts  of  clerk,  when 50  34 

May  borrow  money  and  issue  bonds  of  district 117  54 

Shall  certify  result  of  bond  election  to  county  treasurer 119  55 

Shall  canvass  bids  for  bonds 120  55 

Shall  deliver  bonds  to  treasurer 120  55 

Shall  cause  bonds  to  be  printed  or  lithographed 123  55 

Shall  cause  clerk  to  post  notices,  when 131  CO 

Disbursements  —  Funds  agricultural  college 205  85 

Display  of  U.  S.  Flag 180  76 

Dissection  — (See  page  102.) 

When  permitted I'O  76 

Penalties  for 1"3  '5 

Duties  : 

Of  superintendent  of  public  instruction 22  20 

Of  state  board  of  education 27  23 

Of  board  of  higher  education 28  21 

Of  county  superintendents 33  2a 

Of  school  directors 40  28 

Of  school  directors  in  cities  of  10,000 92  45 

Of  school  clerk 49  32 

Of  secretary  of  board  in  cities  of  10,000 84  43 

Of  county  treasurer ■ ^9  30 

Of  board  of  regents,  university  of  Washington 186  78 

Of  board  of  regents,  agricultural  college 103  81 

Of  trustees,  normal  schools 215  87 

Of  principal,  normal  schools 218  88 

Of  trustees,  school  for  defective  youth 231  92 

Of  directors,  school  for  defective  youth 249  94 

E. 
Elections  : 

Of  superintendent  of  public  instruction 20  19 

Of  county  superintendent 30  24 


Of  school  district  directors.. 

Of  school  district  clerk 

In  cities  of  10,000. 


39  28 

48  32 

77  41 

42 


In  cities  of  10,000 78 

In  cities  of  10,000  ( see  page  97). 

Elections  —  G  eneral : 

Date  of  annual 1^' 

Notice  of  time  and  place ^^^  ^^ 

Polls  open,  when 1^0  08 

Oallis  of  election  ofllcers 1^1 


08 


Ballots 

Challenges . 


09 

152  C9 

153  70 


INDEX.  183 

Elections  —  General  —  Continued.  Sec.    Page. 

Qualification  of  electors 153  69 

Registration  of  voters 153  69 

Declaring  result  of 154  70 

Imperfect  ballots 151  70 

Certificates  of 155  70 

Tie  votes 155  71 

Poll  sheets  sent  to  county  superintendent 154  70 

Electioxs  —  Special : 

For  what 156  71 

How  called 149  68 

Where  held 157  71 

Ten  daj-s'  notice 157  71 

Directors  to  carry  out  result ■■■■  158  72 

Election  for  free  text-books,  shall  be  held 106  50 

Election  for  free  textrbooks,  may  be  held 107  50 

Election  to  vote  bonds 118  54 

Election  to  validate 129  59 

Election  to  validate 130  59 

Election  to  validate 131  60 

Eligibility  : 

Of  members  of  state  board  of  education 24  22 

Of  deputy  superintendent  of  public  instruction 23  22 

Of  county  superintendent  of  common  schools 31  24 

Of  school  directors 39  28 

Of  school  district  clerk 48  32 

Of  applicants  for  certificates,  slate 138  65 

Of  applicants  for  certificates,  common  school 141  66 

Of  teachers 51  34 

Emergescy  Clause 258  96 

Examination  : 

Fee 103  48 

Penalty  for  disclosing  questions 159  72 

Examinations  : 

County 140  66 

State 138  65 

State 27  23 

Papers  forwarded  to  state  superintendent... 143  66 

For  admission  to  normal  school 224  90 

Executive  Committee — School  for  defective  youth 242  93 

Expenses  Regents: 

Agricultural  college 203  85 

University  of  Washington 187  80 

Experiment  Station 193  81 

Same 194  82 

F. 

Faculty  —  University  ofWashington 187  80 

Fees: 

For  certificates,  county 142  66 

For  certificates,  state 138  65 

For  diplomas 138  65 

First  Grade  Certificates 137  64 

Fines— (See  Penalties). 

Flags— Shall  be  displayed 180  76 

Forms— (See  page  159). 

G. 

Graded  Schools 72  39 

Governor : 

Shall  appoint  members  state  board  of  education 24  22 


184  INDEX. 

Governor  —  Continued.  See.    Page. 

Shall  appoint  regents  of  university 184  78 

Shall  be  ex  officio  visitor  agricultural  college 191  80 

Shall  be  ex  officio  advisory  regent  agricultural  college 207  85 

Shall  appoint  regents,  agricultural  college 194  82 

Shall  appoint  trustees  normal  schools 212  87 

Guardians — (See  Parents  and  Guardians). 

H. 

He  OB  His — Construed  to  mean  she  or  hers 176  75 

High  Schools: 

Shall  be  maintained 1  13 

Course  of  study  for 27  23 

Part  of  common  schools 64  38 

In  cities  of  10,000 92  45 

Connection  with  university 183  77 

Holidays  — (See  Note,  page  36) 56  36 

Holder  of  Bonds — To  notify  treasurer 125  57 

Holder  op  Warrants — May  exchange  for  bonds 134  62 

Hygiene  —  Penalty  for  not  teaching 162  72 

Hygiene  —  Penalty  for  not  enforcing  law 163  73 

I. 

Indians  —  Not  enumerated 49  32 

Indigent  Parents 40  29 

Indigent  Parents 92  46 

Indigent  Pupils — School  for  defective  youth 255  95 

Institute  —  County : 

Must  be  held,  when 99  47 

May  be  held,  when 100  47 

Length  of  session 101  47 

Compensation  of  teachers 102  48 

Institute  fund 103  48 

Expenses,  how  paid 104  48 

Compulsory  attendance  at 99  47 

Penalty  for  non-attendance 168  74 

J. 

Janitor  : 

Relating  to  contagious  diseases 68  39 

Employed  in  cities  of  10,000 92  45 

Judges  op  Election  : 

How  chosen 151  69 

Shall  take  oath 151  69 

Shall  canvass  returns 154  70 

Shall  administer  oath  to  voters 153  70 

K. 

Kindergarten 181  76 

Kindness  to  Animals— To  inculate 65  38 

L. 
Laws  — (See  Code  of  Public  Instruction). 

Length  of  School  Teem  : 

In  all  districts 70  39 

In  incorporated  towns 70  39 

In  cities  of  10.000 92  45 

Levy  op  State  Tax  —  Limited  to  four  mills HI  52 

Library  —  Fees  for  normal  school 223  90 

Life  DiPLdMAS 1^  ^ 


INDEX.  185 

M. 

Meetings  —  (See  Elections).  Sec.  Page. 

Of  state  board  of  education 25  23 

Of  school  district  directors 43  30 

Of  school  district  directors 86  44 

Of  voters 149  68 

Of  regents,  university  of  Washington 185  78 

Of  regents,  agricultural  college 195  82 

Of  trustees,  normal  school 217  88 

Of  trustees,  school  for  defective  youth 236  92 

Of  trustees,  school  for  defective  youth 239  93 

Manual  Training  School 219  89 

Model  School 219  89 

Mongolians — Shall  not  be  enumerated 49  33 

N. 

Non-Sectaeian  Control  of  Common  Schools 110  51 

Non-Sectarian  Control  of  University 188  80 

Normal  Diploma  from  University 186  79 

Normal  Schools  : 

Establishment 212  86 

Corporate  title 212  86 

Trustees,  appointment 213  87 

Trustees,  term 213  87 

Trustees,  officers 214  87 

Trustees,  by-laws 214  87 

Trustees,  no  interest  in  contracts 227  91 

Trustees,  quorum 214  87 

Trustees,  duties 215  87 

Trustees,  meetings ; 216  88 

Boarding  houses i 216  88 

Principals,  duties 218  88 

Principals,  expenses 218  89 

Principals,  annual  meetings 225  91 

Model  school 219  89 

Manual  training  school 219  89 

Diplomas  and  certificates 220  89 

Diplomas  and  certificates  may  be  revoked 222  90 

Tuition,  to  residents 221  89 

Tuition,  to  non-residents 221  89 

Courses  of  study 222  89 

School  year 222  90 

Textrbooks 223  90 

Library  fee 223  90 

Requirements  foradmission 224  90 

Biennial  report 226  91 

o. 

Oath  ok  Office  : 

School  district  officers 61  37 

Attached  to  certificates  of  election 155  70 

Oath  of  Office  —  Regents  agricultural  college 202  85 

Officers — Asrricultural  College:  Duties 196  83 

Officers — Named 19  19 

Superintendent  of  public  instruction 20  19 

State  board  of  education 24  22 

Board  of  higher  education 28  24 

County  superintendent 30  24 

School  district  directors 39  28 

School  district  clerk 48  32 

Teachers 51  34 

County  treasurer 59  36 


186  INDEX. 

Officers— Named — Cotitimied.  Sec.  Page. 

General  provisions  relatingto 60  37 

Penalty  for  not  turning  over  property 165  73 

Official  Year— School  for  defective  youth 245  93 

Official  Rulings: 

By  attorney  general 155 

By  superintendent  of  public  instruction 156 

Outline— Of  Public  School  System 5 

P. 

Parents  or  Guardians: 

Shall  be  liable  for  damages  to  school  property 172  74 

Shall  send  children  toschool 71  39 

Penalty  for  failure  to  send  children  to  school 171  74 

Shall  not  insult  or  abuse  teacher,  penalty  for 169  74 

Shall  send  defective  youth  to  state  school  for 254  95 

May  educate  defective  youth  at  home,  when 254  95 

Penalty  for  neglect  to  educate  defective  youth 256  95 

Penalties  : 

For  bi-each  of  penal  laws 113  53 

For  disclosing  examination  questions 159  72 

For  failure  to  make  county  superintendent's  report 160  72 

For  failure  to  turn  over  fines,  etc 161  72 

For  failure  to  teach  hygiene 162  72 

For  failure  to  teach  hygiene 163  73 

For  failure  to  make  clerk's  report 164  73 

For  failure  to  deliver  property 165  73 

For  failure  to  enforce  course  of  study 166  74 

For  failure  to  enforce  course  of  study 174  75 

For  maltreating  pupils 167  74 

For  non-attendance  at  Institute 168  74 

Forabusing  teacher 169  74 

For  disturbing  school 170  74 

For  non-attendance  at  school 171  74 

For  defacing  property 172  74 

For  practicing  vivisection 173  75 

For  failure  to  use  text-books 174  75 

For  failure  to  maintain  school 175  75 

For  failure  to  report  defective  youth 256  95 

For  damage  to  books,  normal  schools 223  90 

Physiology  and  Hygiene: 

Must  be  taught;  penalty  for  failure 162  72 

Must  be  taught;  neglect  or  refusal 163  73 

Preference  Right  to  Purchase  School  House  Site 8  16 

President— Of  state  board  of  education:  Superintendent  of  public  instruction...  22  21 

President — Of  board  of  city  directors: 

Shall  be  elected,  when 80  43 

Duties  of 82  43 

Principals  Normal  Schools: 

Duties 218  88 

Expenses 218  89 

Annual  meeting 225  91 

Principal  : 

Graded  schools 73  40 

Shall  report  in  lieu  of  teacher 52  35 

Property  —  Penalty  for  defacing : 172  74 

Prosecuting  Attorney  —  Shall  enforce  law  regarding  hygiene 163  73 

Pupils: 

Age  of  admission C4  38 

Shall  pursue  courseof  study 69  39 

Shall  comply  with  rules 69  39 


INDEX.  187 

Pupils  —  Continued.  Sec.    Page. 

Penalty  attached  to  violation  of  rules 69  39 

Penalty  for  damaging  school  property 172  74 

Shall  be  excluded  from  school,  when 68  39 

Penalty  for  maltreating 167  74 

Q 

Qualification  —  (See  Eligibility). 

Questions  for  Teachers'  Examinations: 

Penalty  for  disclosing 159  72 

Shall  be  prepared  by  state  board  of  education 27  23 

Shall  be  distributed  by  the  superintendent  of  public  instruction 22  20 

Quorum  —  Directors  in  cities  of  10,000 90  44 

R. 

Regents  : 

Agricultural  college,  duties 193  80 

Agricultural  college,  expenses 203  85 

Agricultural  college,  bonds 194  82 

Agricultural  college,  residence 194  82 

University  of  Washington,  to  consist  of. 184  78 

University  of  AVashington 185  78 

University  of  Washington 186  78 

Register  —  Teachers 53  35 

Registration  op  Certificates 147  68 

Registration  of  Voters: 

Only  registered  voters  shall  vote  at  school  elections 78  42 

Only  registered  voters  shall  vote  at  school  elections 153  69 

(See  House  Bill  No.  137,  page  97.) 

Renewal  of  Certificates 144  67 

Requirements  : 

For  certificate,  state 138  65 

For  certificate,  county 141  66 

For  admission  to  normal  schools 224  90 

For  admission  to  university 183  77 

Revocation  of  Certificates 148  68 

Repeals  — Acts  relating  to  public  school  system 257  95 

Reports  : 

Of  superintendent  of  public  Instruction,  biennial,  when  made 22  20 

Of  normal  schools 226  91 

Of  university  of  Washington 186  79 

Of  private  and  sectarian  schools,  or  state  institutions,  annual 22  21 

Of  agricultural  college  regents 204  85 

Of  county  superintendents,  annual 33  26 

All  statements  required  by  state  superintendent 33  26 

Of  school  for  defective  youth 247  94 

Of  school  district  clerk,  annual 49  33 

To  superior  judge 49  34 

Defective  youth 252  94 

Of  teachers 52  35 

Of  teacher,  principal,  or  city  superintendent 52  35 

Of  principal  or  city  superintendent 74  40 

Of  county  treasurer  to  county  superintendent 59  36 

Of  secretary  of  city  board 85  43 

Of  city  board  of  directors,  annual 92  46 

To  county  commissioners 97  47 

Revenue  —  (See  School  Funds). 

Rules — For  common  schools:    (Sec  page  153.) 

By  whom  prepared 27  23 

Directors  shall  enforce 40  29 

Teachers  shall  enforce 54  35 


188  INDEX. 

Rulings — On  school  law  :  Sec.    Page. 

By  attorney  general 155 

By  superintendent  of  public  instruction 156 

s. 

Schools —  Ooninion  : 

A  uniform  system  consisting  of,  shall  be  maintained 1  13 

Penalty  for  not  maintaining 175  75 

Administration  of  system,  by  whom 19  19 

A  common  school  defined 64  38 

Shall  be  open,  to  whom 64  38 

Shall  be  taught  in  the  English  language 65  38 

Instruction  shall  be  given,  in  what  branches 65  38 

Attention  to  kindness  to  animals 65  38 

Pupils  and  teachers  excluded  from,  when 68  39 

Pupils  must  comply  with  regulations  of. 69  39 

Pupils  may  be  expelled  from 68  39 

Property  of,  must  not  be  destroyed  or  abused 69  39 

School,  day  and  month 66  39 

School  year  defined 67  39 

Penalty  for  disturbing 170  74 

Free  from  sectarian  control 110  51 

School  for  Defective  Youth  : 

Establishment 228  91 

Free  to  resident  youth 229  91 

Admission  of  non-resident  youth 251  94 

Trustees,  consist  of 230  92 

Trustees,  general  control 231  92 

Trustees,  how  appointed 232  92 

Trustees,  term  of  office 232  92 

Trustees,  vacancies,  how  filled 2.33  92 

Trustees,  how  constituted 234 

Trustees,  notice  of  appointment 235 

Trustees,  regular  meetings 236 

Trustees,  special  meetings 2.39 

Trustees,  notice  of  meetings 241 

Trustees,  quorum 240  93 

Trustees,  by-laws 2.38  93 

Trustees,  executive  committee,  meetings 242  93 

Trustees,  executive  committee,  duties 243  93 

Trustees,  no  interest  in  contracts 244 

Official  year 245 

School  year 246 

Biennial  report 247 

Director,  qualifications 248 

Director,  duties 249 

Director,  removal 250  94 

Duties  of  district  clerk 252  94 

Duties  of  county  superintendent 253  94 

Compulsory  attendance 254  95 

Expenses  of  indigent  pupils 255  95 

Penalty  for  neglect  of  law 2.56  95 

School  year,  defined 67  39 

School  year,  for  normal  school 222  90 

School  year,  for  school  for  defective  youth 246  93 

School  Revenues:  (See  School  Funds). 

State  fund,  permanent,  derived  from 109  50 

Interest  on  permanent  state  fund,  rentals,  etc 110 

All  losses  to,  a  permanent  debt HO 


Annual  state  tax. 


Fines  for  breach  of  penal  laws 113 

Special  taxes,  how  levied 112 

State  tax  levy  limited  to  four  mills HI 


no         51 
.53 


INDEX.  189 

School  Revenues — (See  School  Funds)  — Contmwed.  Sec.    Page. 

Warrants  paid  in  the  order  of  presentation 114  53 

Warrants  may  be  exchanged  for  bonds,  when 134  62 

Schools — Graded  and  High  : 

Board  of  directors  in  districts  united 9  16 

Funds  and  other  property  of  united  districts 13  17 

Board  of  districts  must  meet  and  organize,  when 15  18 

Clerk  of  districts  united  shall  notify  county  superintendents 15  18 

Each  incorporated  city  or  town  one  district 72  39 

Shall,  when  incorporated,  maintain  six  months'  school 70  39 

Territory  when  bonded  may  not  be  transferred 72  40 

Directors  appoint  principal,  grade  school,  etc...  73  40 

Limits  of  district 72  40 

Principal  employed,  when 73  40 

Directors  establish  course  of  study 73  40 

City  superintendent  to  be  employed,  when 74  40 

School  Districts: 

Term  defined,  how  designated,  all  districts  legalized 3  14 

New  districts,  how  formed;  appeals 4  14 

Change  of  boundaries,  appeals 5  15 

Must  not  contain  less  than  four  sections 6  15 

May  purchase  school  house  site 7  15 

Shall  have  preference  right  to  purchase  site 8  16 

Boundaries  of,  harmonized  by  county  superintendent 33  26 

Must  maintain  school  three  months 70  39 

New  districts  entitled  to  money,  when 115  53 

Organization  of,  ceases  and  determines,  when 115  53 

New  district  entitled  to  division  of  old  district,  when 116  53 

New  district  entitled  to  its  proportion  of  special  tax 116  53 

Districts  not  entitled  to  funds,  when 115  53 

District  shall  forfeit  25  per  cent,  of  funds,  when 174  75 

May  issue  bonds 117  54 

School  Districts  —  Consolidated  Districts: 

Directors  of  the  several  districts  constitute  the  directors  of 12  17 

Entitled  to  funds  and  property  of  old  districts 13  17 

Old  districts  shall  retain  corporate  existence,  when 14  17 

Officers  of,  shall  meet  and  organize 15  18 

Joint  Districts : 

When  formed  and  how  designated  by  number 16  18 

F'orm  of  organization 17  18 

Reports  made  to  each  county  superintendent  affected 18  19 

For  purposes  of  apportionment  shall  lie  in  county  containing  school  house..  18  19 
Union  School : 

Districts,  how  formed 9  16 

Directors  of,  shall  consist  of  whom 9  16 

Board  of  directors,  how  organized 9  16 

Powers  and  duties  of  boards  of. 10  16 

Clerk  shall  report  the  organization  to  county  superintendent 10  16 

Course  of  study  in,  determined  by  board  of  directors 11  16 

Expenses  of  union  schools,  how  paid II  17 

School  Districts  —  In  cities  of  10,000  or  more  inhabitants: 

May  include  territory  adjacent  to  city 75  40 

How  designated  and  known 75  41 

Shall  be  a  body  corporate 75  41 

Property  of  districts  shall  vest  in  new  district 75  41 

Directors  of,  shall  ha%'e  control  of  all  property 75  41 

School  Funds  : 

How  apportioned  by  superintendent  of  public  instruction 22  21 

How  apportioned  by  county  superintendent 33  26 

Not  apportioned  to  districts  failing  to  have  school 175  75 

From  what  sources  derived 109  .50 

Exclusively  for  current  use  of  schools 110  51 

Losses  to,  shall  be  a  permanent  debt  upon  the  state 110  51 


190  INDEX. 

School  Laws— (See  Code  of  Public  Instruction).  Sec.    Page. 

School  Meeting  —  Penalty  for  disturbance  of 170  74 

School  Meeting — (See  meetings). 

School  Officers:, 

May  administer  oatlis  in  certain  cases 61  38 

Sliall  deliver  property  to  successor CO  37 

Shall  take  oath  of  office 61  .37 

Authority  validated 63  38 

Second  Grade  Certificates 137  64 

Secret.^ry  —  State  board  of  education  : 

Shall  be  elected  by  board 27  23 

Shall  keep  a  record  of  proceedings : 27  23 

Shall  file  certified  copy  of  record  with  superintendent  of  public  instruction..  27  23 

Secretary  —  City  board  of  directors : 

Shall  not  be  a  member  of  the  board 80  43 

Salary  of 80  43 

May  be  removed,  how,  and  by  whom 80  43 

Duties  of 84  43 

Shall  give  bond  and  take  oath 85  43 

Shall  make  reports  from  time  to  time 85  43 

Shall  take  census,  may  appoint  census  enumerators 93  40 

Shall  act  as  purchasing  agent 85  43 

Shall  be  supervisor  of  buildings 85  43 

Register  voters 2  97 

Administer  oaths 9  99 

Superintendent  — City : 

Shall  be  elected,  in  cities  of  10,000  or  more,  by  viic  voce  vote 81  43 

Compensation,  fixed  by  board  of  directors 92  45 

Shall  report  to  superintendent  of  public  instruction 74  40 

Report  of,  accepted  in  lieu  of  teacher's  report 52  35 

Shall  supervise  graded  schools 74  40 


Special  Certificates.. 


137  64 


Special  Tax 112  52 

State  Certificates 1^7  ^ 

State  Certificates 1^8  65 

State  Certificates  Without  Examination 139  65 

State  School  Fund 109  50 

State  Constitution 1^^ 

Superintendent  of  Common  Schools,  County: 

Shall  give  number  to  consolidated  district 12  17 

Shall  record  boundaries  of. 12  1" 

Shall  certify  organization  of,  to  whom 12  17 

Shall  post  notices  and  conduct  hearing  for  formation  of  joint  districts 17  18 

Shall  certify  consent  for  forming  joint  district 17  18 

Shall  call  jointly  election  for  formation  of  joint  districts 17  18 

May  order  segregation  of  reports  from  joint  districts 18  19 

Eligibility  of  candidates  for 31  34 

Shall  countersign  contracts  of  teachers 33  25 

Shall  approve  furniture,  charts,  etc.,  as  to  quality  and  price 40  29 

Shall  pay  examination  fees  to  county  treasurer 103  48 

Election  of,  tenure  of  office,  oath,  bond 30  24 

May  appoint  a  deputy 


30  24 

24 


Vacancy  in  office  of,  how  filled "^" 

Shall  exercise  supervision  over  schools 33  2o 

Shall  visit  schools ^^  ^ 

Shall  distribute  blanks,  circulars,  etc 33  25 

Shall  enforce  course  of  study,  regulations,  etc 33  25 

Keep  on  file  reports  of  superintendent  of  public  instruction 33  25 

Slmll  keep  a  record  of  official  acts 33  25 

Shall  preserve  all  reports  of  school  officers 33  25 


INDEX.  192 

SUPEEINTENDENT  OF  COMMON  SCHOOLS,  CoviSTY —  Continued.  Sec.    Page. 

Shall  administer  oaths , 33  25 

Shall  keep  record  of  contracts  to  teach 33  25 

Shall  forwai-d  manuscripts  of  persons  examined 143  GG 

Shall  make  annual  report  to  the  superintendent  of  public  instruction 33  2G 

Shall  keep  transcript  of  and  harmonize  school  district  boundaries 33  26 

Shall  furnish  to  clerks  description  of  boundaries 33  25 

Shall  appoint  school  officers,  when 33  26 

Shall  apportion  school  funds,  how,  when 33  26 

Shall  grant  temporary  certificates  and  conduct  examinations 33  27 

Shall  grant  special  certificates,  when 33  27 

Shall  give  notice  of  examination  of  teachers 33  27 

Shall  require  all  reports  to  be  made  promptly 34  27 

Shall  see  that  teachers' and  clerks' records  are  properly  kept 34  27 

Shall  require  oaths  of  school  district  officers  to  be  filed 34  27 

Shall  report  directory  of  school  district  officers  to  county  treasurer 34  27 

Shall  keep  office  open  certain  days  and  hours 35  27 

Shall  forfeit  1-50  for  failure  to  make  report 160  72 

Shall  send  transcript  of  record  in  case  of  appeal 36  27 

Shall  receive  mileage,  for,  when 38  28 

May  form  new  districts,  how 4  14 

May  change  boundaries  of  districts,  how 5  15 

Shall  certify  action  to  county  commissioners,  when 5  15 

Shall  apportion  money  to  new  school  district,  when 116  53 

Shall  deduct  2.^  per  cent,  of  district  funds,  when 174  75 

Shall  appoint  directors  to  till  vacancies,  when 39  28 

Shall  decide  cases  of  appeal 47  31 

Shall  appoint  clerk  to  fill  vacancy 48  32 

Shall  certify  to  directors,  quarterly,  of  clerk's  reports 50  34 

Shall  appoint  school  officers  on  failure  to  elect 33  26 

Shall  make  record  of  school  district  boundaries  and  assign  a  number 12  17 

Shall  hold  institutes  and  teachers'  meetings 33  27 

Shall  keep  detailed  account  of  institute  expenses 104  48 

Shall  see  that  fines,  penalties,  etc.,  are  reported 161  72 

Shall  forbid  payment  of  warrants  in  certain  cases 162  73 

Shall  preserve  certificates  of  elections 155  70 

Liability  to  fine,  when 160  72 

Shall  examine  accounts  of  city  districts,  when 91  45 

Shall  report  defective  youth 253  94 

Liability  for  failure  to  report  defective  youth 256  95 

Shall  hold  competitive  examination,  when,  for  what 33  27 

Penalty  for  not  making  report 160  72 

Superintendent  op  Public  Instruction: 

When  elected,  term  of  office 20  19 

Shall  supervise  all  matters  relating  to  public  schools 22  20 

Shall  receive  salary  of  S2,.50O  per  annum 21  19 

Shall  report  to  governor,  biennially,  what 22  20 

Shall  distribute  biennial  reports 22  20 

Shall  prepare,  have  printed  and  distribute  blanks,  forms,  books,  etc 22  20 

Shall  travel,  visit  schools,  deliver  addresses,  etc ..  22  20 

Shall  conduct  correspondence 22  21 

Shall  submit  statement  of  expenses  to  state  auditor 22  21 

Shall  have  printed  laws,  with  forms 22  21 

Shall  be  ex  o^cio  president  of  state  board  of  education 22  21 

Shall  hold  convention  of  county  superintendents  biennially 22  21 

Shall  apportion  state  school  fund,  how 22  21 

Shall  require  reports  from  private  and  state  institutions  of  learning 22  21 

Shall  keep  directory  of  regents,  trustees,  teachers  and  faculties 22  21 

Shall  grade  examination  papers  and  issue  certificates  to  applicants 22  22 

Shall  keep  on  file  papers  and  records  relative  to  educational  aflairs 22  22 

May  make  certified  copies  of  official  papers 22  22 

Shall  decide  points  of  school  law,  and  publish  rulings  and  decisions 22  22 

Shall  deliver  all  records  to  successor 22  22 

May  employ  a  stenographer  and  appoint  a  deputy 23  22 


192  INDEX. 

SuPEElNTENDKNT  OF  PUBLIC  INSTRUCTION  —  Continued.  See.    Page. 

Shall  niivertise  for  proposals  for  furiiisliing  textrbooks  for  common  schools..  105  48 

May  re-advertise  for  proposals 105  49 

Shall  render  decisions  on  appeals 36  27 

SuPKRiOK  Judge: 

Shall  remove  children  not  sent  to  school 177  75 

Shall  summon  parents  or  guardians  to  show  cause 171  74 

T. 
Taxes: 

Annual  levy  in  cities  of  10,000 97  47 

Limit  of  levy  in  cities  of  10,000 98  47 

Annual  levy  of  state  school  fund HI  51 

Limit  of  levy  of  state  school  fund Ill  52 

Special  tax  levy 112  52 

County  commissioners  to  levy  interest  fund 121  56 

Teachers : 

Who  are  qualified  teachers 51  34 

Shall  report  to  county  superintendent  on  making  contract 52  35 

Shall  make  report  at  close  of  term  or  school  year 52  35 

Shall  file  copy  of  report  with  clerk  before  last  month's  salary  can  be  paid....  52  35 

Principal  or  city  superintendent  may  report  in  lieu  of. 52  35 

Shall  keep  register  and  make  statistical  summaries 53  35 

Shall  enforce  course  of  studj'  and  rules 54  35 

Shall  be  employed  only  on  written  order  of  board 55  35 

Must  hold  a  legal  certificate  in  force  for  full  period  of  contract 55  35 

Not  required  to  teach  holidays  or  Saturdays 56  35 

Shall  maintain  order 57  30 

May  suspend  pupils 57  36 

Shall  teach  morality,  patriotism,  etc 58  36 

Shall  not  maltreat  pupils 167  74 

May  dismiss  primary  pupils,  when 66  39 

Shall  be  excluded  from  school,  when 68  39 

Must  attend  institute 99  '^'^ 

Shall  be  entitled  to  compensation  while  at  institute  if  teaching 102  48 

Shall  forfeit  certificate  for  non-attendance  at  institute 168  74 

Shall  be  exempt  from  maltreatment  of  parents  and  others 169  74 

Penalty  for  abusing 169  "i^ 

Teachers'  Institutes: 

Must  beheld  annually  in  certain  counties 99  •I? 

May  be  held  annually,  when 1*W  47 

Duration  of  session 1^1  *' 

Expenses  of  institute,  how  paid 101  48 

All  teachers  must  attend 99  47 

Institute  fund  consists  of  examination  fees  and  8200  from  county  funds 103  48 

Temporary  certificates 1^'  64 

Temporary  certificates 1^6  67 

Text-Books  : 

How  adopted,  liow  often  may  be  changed 105 

Shall  remain  in  use  not  less  than  five  years 105  49 

Cities  of  10,000  may  adopt  additional  text-books 92  45 

In  case  of  state  publication  contracts  shall  cease 105  50 

Penalty  for  failure  to  use  state  books l""!  "^ 

For  normal  schools 223  90 

Free  Text-Books:' 

Furnishing  of,  shall  be  submitted  to  voters  June,  1897 106 

Upon  petition  of  five  patrons  vote  may  be  had 107 

Five  hundred  petitioners  in  cities  of  10,000 107 

Directors  shall  furnish  books  and  adopt  rules 108 

Third  grade  certificates 1"^7 

Treasurer  —  County: 

Shall  be  ex  officio  treasurer  of  school  districts 59  36 

Shall  receive,  hold  and  pay  out  money 59 


48 


36 


INDEX.  193 

Treasurer  —  County  —  Conliiuted.  Sec.  Pane. 

Shall  eertifj-,  quarterly,  funds  to  be  apportioned 59  30 

Shall  make  annual  report  to  county  superintendent 59  36 

Shall  register  school  warrants 59  37 

Shall  endorse  warrants  when  not  paid 59  37 

Shall  advertise  warrants  cjuarterly 59  37 

Shall  neither  pay  nor  register  warrants  improperly  drawn 62  38 

Shall  be  ex  officio  treasurer  of  city  districts 88  44 

Shall  submit  to  secretary  of  city  district  a  quarterly  report 88  44 

Shall  credit  examination  fees  to  institute  fund 103  48 

Shall  collect  and  hold  school  funds 112  52 

Shall  collect  special  taxes 112  52 

Shall  pay  warrants  according  to  their  presentation 114  53 

Shall  receive  all  fines  and  place  same  to  credit  of  proper  district 113  53 

Shall  transmit  funds  to  state  treasurer 113  53 

Shall  receive  moneys  paid  by  school  district  officers 42  30 

Shall  advertise  school  bonds  for  sale 119  55 

Shall  register  school  bonds 119  55 

Shall  canvass  bids  for  bonds 120  55 

Shall  deliver  bonds  to  purchaser  and  receive  proceeds 120  56 

Shall  paj'  interest  on  bonds  when  due,  and  report 122  56 

Shall  notify  holders  of  bonds  of  redemption 125  57 

Sliall  publish  notices,  pay  and  cancel  bonds 127  58 

Shall  deliver  canceled  bonds  to  directors 127  58 

Trustees  : 

Normal  schools 213  87 

School  for  defective  youth 230  92 

TUITIOX  : 

Normal  schools 221  89 

School  for  defective  youth 229  91 

School  for  defective  youth 251  94 

University  of  Washington 183  77 

u. 

University  of  Washington: 

Kstablishmcnt 182  77 

Subjects  taught 183  77 

Tuition  free ,  183  77 

Admission  of  students 183  77 

Board  of  regents,  to  consist  of. 184  78 

Hoard  of  regents,  term  of  office 184  78 

Board  of  regents,  vacancy 184  78 

Board  of  regents,  oath  of  office 184  78 

Board  of  regents,  organization 185  78 

Board  of  regents,  meetings 185  78 

Board  of  regents,  powers  and  duties 180  78 

Board  of  regents,  general  control 186  78 

15oard  of  regents,  to  prescribe  courses  of  study 186  79 

Board  of  regents,  to  grant  diplomas 186  79 

Board  of  regents,  to  receive  gifts  and  gratuities 186  79 

Board  of  regents,  to  give  bonds  to  war  department 180  79 

Board  of  regents,  to  make  biennial  report 186  79 

Board  of  regents,  expenses  of. 186  79 

Faculty 1H7  ,s() 

Non-sectarian  control 1H8  80 

Attorney  general,  legal  advisor 1S9  80 

l^NION   SciIOOL.s: 

How  formed y  Ki 

Directors  of. 9  K; 

Directors,  how  organized '.I  lt'> 

Directors,  how  organized 10  HI 

Kxpenses  of. II  17 


104  INDEX. 

V. 

Vacanciks:  Sec.     Page. 

On  state  board  of  education 26  23 

County  superintendent 30  24 

Seliool  district  director 39  28 

School  district  clerk 4H  32 

School  directors  in  cities  of  10,0(W 89  t-i 

Regents,  university  of  Washington ]84  78 

Kegents,  agricultural  college 194  82 

Trustees,  normal  schools 213  87 

Trustees,  school  for  defective  youth 233  92 

Vaccination  — Required 92  46 

Validation: 

Of  school  officers'  authority 63  38 

Of  certificates  and  diplomas 136  03 

Validation  of  Debts  : 

School  districts  may  validate,  when, 128  58 

Directors  shall  provide  for,  by  resolution  ..  129  58 

Three-fifths  vote  necessarj' 129  59 

Directors  shall  determine  voting  places 130  59 

Election  for,  how  held 130  59 

Judges  of  election  shall  count  and  certify  vote 130  00 

Clerk  shall  post  notices  of  election 131  00 

Directoi-s  may  issue  bonds 132  01 

Interest  shall  not  exceed  six  per  cent 132  61 

Directors  shall  determine  the  amount  and  character  of  bonds 133  62 

Warrants  may  be  exchanged  for  bonds 134  62 

Directors  shall  notify  the  county  treasurer 135  62 

Annual  expense  thereafter  not  to  exceed  revenue 135  03 

County  commissioners  shall  levy  tax,  when 135  63 

Vice  Peesident  : 

Of  directors  in  cities  of  10,000 80  43 

Duties  of 83  43 

Vivisection  — Penalty  for 173  75 

(See  House  bill  No.  38,  page  102.) 

w. 

War  Dei'ARTMENT  —  Bonds  to,  by  regents  of  university 186  79 

Warrants  : 

Shall  be  registered 59  37 

Improperly  drawn,  not  paid 62  38 

Order  of  payment 114  53 

May  be  exchanged  for  bonds ]'^4  C2 

AVomen  Eligible  : 

To  school  offices 176  75 

Must  register 1  9" 

Must  register 153  69 


pliiii 

'^A      000  223  573  7 


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